Landlords and Tennnts

Question 1

What are landlord’s duties regarding tenants?

Answer 1

Landlords have the duty to deliver actual and legal possession of the premises to the tenant at the start of the lease term

Question 2

How is privity established between a landlord and tenant?

Answer 2

Privity is established when the landlord delivers actual and legal possession of the property

Question 3

What is an assignment?

Answer 3

An assignment is when tenant transfers to a third person all of their rights, title and interest in the leased premises

Question 4

What is a sublease?

Answer 4

A sublease is when tenant transfers to a third person less than all of their rights, title and interest in the leased premises

Question 5

Is there privity in a sublease?

Answer 5

No

Question 6

What is the warranty of habitability?

Answer 6

The warranty of habitability guarantees that the landlord will deliver and maintain premises that are safe, clean and fit for human habitation.

Question 7

To which type of leases does the warranty of habitability apply?

Answer 7

Residential leases only

Question 8

What is the covenant of quiet enjoyment?

Answer 8

The promise that tenant will not be disturbed by the landlord during the tenant’s possession of the premises

Question 9

What is privity of contract?

Answer 9

The relationship that exists between the original parties to an agreement and only those original parties, unless there is a novation

Question 10

What are tenant’s rights in event of breach of warranty of habitability by a landlord?

Answer 10

Tenant is excused from paying rent, and may treat the lease as cancelled and vacate premises and seek damages

Question 11

What are tenant’s rights in the event of breach of covenant of quiet enjoyment?

Answer 11

Tenant may treat leases as terminated and withhold rent

Question 12

What are tenant’s rights upon actual eviction?

Answer 12

If a tenant is actually evicted from part or entirety of the premises by landlord, the tenant is relieved from all liability for rent, even if the tenant continues to occupy the premises.

Question 13

What is required for there to be constructive eviction?

Answer 13

1. landlord must substantially and permanently interfere with tenant’s use and enjoyment of the premises
2. tenant must give notice to the landlord regarding the interference
3. tenant must move out