Landlord's Duties Flashcards
(9 cards)
Duty to Deliver Possession
- Duty to place Tenant in physical possession of premises at the beginning of the leasehold term
- Thus, if at the start of the tenant’s lease, a prior holdover tenant is still in possession, what’s the result? The landlord is in breach, and the new tenant is entitled to damages.
Implied Covenant of Quiet Enjoyment
Tenant has the right to quiet use & enjoyment without interference from Landlord
* Applies to every residential & commercial lease
Wrongful Eviction (Breach of Implied Covenant of Quiet Enjoyment)
Landlord excludes Tenant from whole or part of premises
Actual Eviction:
* Actual eviction occurs when the landlord, a paramount title holder, or a hold-over tenant excludes the tenant from the entire leased premises. Actual eviction terminates the tenant’s obligation to pay rent.
Partial Eviction:
* Partial actual eviction occurs when the tenant is physically excluded from only part of the leased premises.
* Partial eviction by the landlord* relieves the tenant of the obligation to pay rent for the entire premises*, even though the tenant continues in possession of the remainder.
Constructive Eviction (Breach of Implied Covenant of Quiet Enjoyment)
Landlord renders premises unsuitable for occupancy (SING)
* Substantial Interference: A chronic or permanent problem attributable to L’s actions or failure to act (for example, flooding, absence of heat in winter, loss of elevator service in a warehouse).
* Notice: T must give L notice of the problem and L must fail to respond meaningfully within a reasonable time.
* Goodbye: Get out! T must vacate within a reasonable time after L fails to resolve the problem. (You can’t have it both ways. If you plead constructive eviction, you can’t stay.)
A tenant who has been constructively evicted may terminate the lease and may also seek damages.
Acts of Other Tenants (Impied Covenant of Quiet Enjoyment)
Landlord not liable for acts of other tenants except:
* Duty to abate a nuisance on site
* Landlord must control common areas
Implied Warranty of Habitability
Premises must be fit for basic human habitation (standard determined by case law & housing code)
* Applies to every residential lease (not commercial)
* Nonwaivable
* Ex: Heat in Winter, Running Water, Adequate Plumbing
Tenant’s Entitlements if Landlord Breaches (MR3):
* Move out and terminate lease
* Repair & deduct (allowable by statute in a growing number of jurisdictions; a tenant may make the reasonable repairs and deduct their cost from future rent)
* Reduce rent or withold rent until the court determines fair rental value (typically, the tenant must place withheld rent into an escrow account to show their good faith)
* Remain in possession, pay full rent, and affirmatively seek money damages
Retaliatory Eviction
Landlord can’t retaliate against Tenant who reports housing code violations
* Many statutes presume retaliatory motive if Landlord acts within 3 to 6 months
Civil Rights Act
Bars racial or ethnic discriminationin the sale of housing
Anti-Discrimination Legislation
Protects Tenants and prospective Tenants from discrimination
Exemptions:
* Owner-occupied buildings with 4 or fewer units
* single-family homes sold or rented by an owner who owns no more than three single-family homes.
Prohibited Actions: Unlawful to take certain actions because of a person’s race, color, religion, sex, disability, familial status, or national origin, including:
* Refusing to negotiate, rent, or sell housing or make available a mortgage loan or other financial assistance;
* Providing different terms or conditions for the sale or rental of a dwelling or for a mortgage or other financial assistance; and
* Falsely representing that a dwelling is not available for inspection, sale, or rental.
Discriminatory Advertisements Also Prohibited:
* Unlawful to make, print, or publish any notice or advertisement that indicates any preference or limitation based on race, color, religion, sex, disability, familial status, or national origin.
* This provision may be violated by the person who makes a discriminatory advertisement (such as a landlord) as well as by the newspaper or other publisher that prints it.
* The exemptions stated above do not apply in relation to advertising.
Reasonable Accommodations:
* When the Fair Housing Act applies, landlords must permit disabled tenants to make reasonable modifications to existing premises to accommodate their disabilities at the tenants’ own expense.
* Landlords must also make reasonable accommodations in rules, policies, and services when necessary to afford a disabled person an equal opportunity to use a dwelling.
