While a decision of housing authorities that the premises were not fit for habitation would allow the tenant to move over this type of issue without any recourse by the landlord, the failure of the bedroom to meet code as a habitable would also be a defense to any action by a landlord to enforce the lease or collect rent arrears under the doctrine of constructive eviction. Failure of rented premises to meet the requirements defined by the state's fire commission violates the warranty of habitability. See, e.g., Teller v. McCoy, 493 W.Va. 367, 253 S.E.2d 114 (1978).

