Landlord's Duties

Question 1

LL’s Duty to Deliver Possession

Answer 1

MAJORITY RULE: LL must place T in actual, physical possession of the premises at the beginning of the leasehold term.

Question 2

HYPO: If there is a holdover tenant at the start of the new tenant’s lease, what can the new T do?

Answer 2

L is in breach of their duty to deliver possession of the premises and the new T can sue for damages

Question 3

Implied Covenant of Quiet Enjoyment Definition

Answer 3

A tenant has the right to quiet use and enjoyment of the leased premises without interference from the landlord.

This applies to residential and commercial leases.

Question 4

How can a Landlord Breach the Implied Covenant of Quiet Enjoyment?

Answer 4

WRONGFUL eviction occurs when the tenant is excluded from whole or part of the premises by the landlord.
- T is relieved of their duty to pay rent for the entire premises.

CONSTRUCTIVE eviction (SING) happens when the landlord renders the premises unsuitable for occupancy.
- T may terminate the lease and seek damages.

Question 5

Elements to show Constructive Eviction

Answer 5

• Substantial Interference by L (chronic or permanent problem cause by L’s action or inaction)
• Notice (T must notify L)
• Goodbye (T must vacate)

Question 6

When is the Landlord liable to T for the acts of other tenants?

Answer 6

Generally, landlord are not liable to a tenant for the wrongful acts of other tenants. TWO EXCEPTIONS:
- LL has a duty to abate a nuisance on site
- LL must control common areas

Question 7

Implied Warranty of Habitability Definition

Answer 7

The premises must be fit for basic human habitation.
- Applies to Residential leases ONLY

Question 8

How to show breach of the Implied Warranty of Habitability?

Answer 8

M+(Rx3):

If the implied warranty of habitability has been breached, T can:
 Move out and terminate the lease
 Repair and deduct their cost from future rent
 Reduce or withhold rent until the court determines fair rental value (T typically must place withheld rent into an escrow account to show their good faith)
 Remain in possession, pay full rent, and affirmatively seek money damages

Question 9

Can a Tenant waive the implied warranty of habitability?

Answer 9

NO- Against public policy

Question 10

Rule for Retaliatory Evictions

Answer 10

A landlord cannot terminate or penalize a tenant in retaliation for the tenant’s exercise of their legal rights (e.g., raising rent in response to T reporting L for housing code violations)

MAJORITY: Retaliatory motive is presumed if L acts within 90 to 180 after T exercised rights.

L needs to rebut by showing a reason for their action (i.e., why it was not retaliatory)

Question 11

Civil Rights Act and Leaseholds

Answer 11

Prohibits racial or ethnic discrimination in the sale or rental of all property

Question 12

Fair Housing Act and Leaseholds

Answer 12

No housing discrimination based on race, color, religion, national origin, sex, or disability, as well as familial status (except in senior housing)

Question 13

What does the FHA NOT apply to?

Answer 13

Owner-occupied buildings with four or fewer units

Single-family homes if owner has no more than three

Question 14

What actions constitute discrimination under the FHA?

Answer 14

Refusing to negotiate, rent, or sell housing, or give a mortgage

Providing different terms for sale/rental

Falsely representing dwelling unavailable

Question 15

What reasonable accommodations must be made for disabled tenants under the FHA?

Answer 15

Landlord must permit disabled Tenants to make reasonable modifications to existing premises at T’s own expense.

Landlord must make reasonable accommodations in rules, policies, and services to afford a disabled person an
equal opportunity to use a dwelling.