Flashcards in Landlord's Duties Deck (15):
How does the L's duty to deliver possession affect the situation in which a prior holdover T is still in possession?
L has breached the duty and the new T can pursue damages.
How do the English and American Rules differ as to the L's Duty to Deliver Possession? How are these terms misnomers?
In American Rule, L only has to provide legal possession, not actual possession.
In English Rule, L has to provide actual possession.
Misnomers because English Rule is widely used in the state, while the American rule is used in only a minority of jurisdictions.
To which sort of leases does the implied covenant of quiet enjoyment apply?
Both commercial and residential.
What is the implied covenant of quiet enjoyment?
T has a right to quiet use and enjoyment of the premises without interference from L.
What occurs when a L breached the covenant of quiet enjoyment by wrongful eviction?
Duh. L wrongfully evicts or excludes T from the premises.
What occurs when a L breached the covenant of quiet enjoyment by constructive eviction?
Circumstances relating to disrepair of the premises deprive T of her right to quiet enjoyment.
What are the elements of a breach of the covenant of quiet enjoyment by constructive eviction? Think rain coming in the window.
Substantial Interference (due to L's actions or failures)
Notice (T must let L know and L must fail to act meaningfully)
Goodbye (T must vacate w/in a reasonable time after L fails to take action).
Is a L generally liable for acts of other tenants?
What are the two exceptions to the rule that L is not liable for acts of other tenants?
L must not permit a nuisance on the site
L must control common areas.
What is an implied warranty of habitability?
Premises must be fit for basic dwelling
Is the implied warranty of habitability waivable?
From which two sources can the standard for the implied warranty of habitability be supplied?
The implied warranty of habitability covers only . . .
Necessities (e.g, running water, heat, etc)
What are T's entitlements when the implied warranty of habitability is breached? Pneumonic?
Move out and end the lease
Repair and deduct (from rent)
Reduce rent or refuse to pay (put rent in escrow)
Remain (pay rent, and seeking money damages)