Landlord-Tenant

Question 0

Statute of Frauds (leases)

Answer 0

leases for more than a year must be in writing. All but a few jurisdictions permit oral leases for less than a year

Question 1

Elements of adverse possession

Answer 1

1) actual entry of property (gives owner notice)
2) exclusive possession
3) hostile and under a claim of right or title
4) continuous and uninterrupted
5) for statutory period

Question 2

Fair Housing Act protected classes

Answer 2

Can’t refuse to sell or rent on the basis of color, religion, sex, familiar status, or national origin

Question 3

Prima Facie FHA case

Answer 3

motive need not be proved. Proof of discriminatory treatment is good

Question 4

CRA for prop

Answer 4

All ctzns of the US have the same right enjoyed by white ctzns to inherit, purchase, lease, sell hold and convey personal property. REQUIRES proof of intentional or purposeful discrimination.

Question 5

CL LL self-help

Answer 5

LL could use self-help to retake the premises from a tenant in possession w/ civil liability for wrongful eviction if 1)LL is legally entitled to possession, 2)LL means of re-entry are peaceful and use not more force than reasonably nexessary

Question 6

Eviction by self-help

Answer 6

when the landlord evicts the defaulting tenant without resort to the judicial process

Question 7

Berg v. Wiley

Answer 7

restaurant case. Changes the locks after violation of health code and remodelling without permission

Rule: LL must always resort to judicial process to enforce his statutory remedy against a tenant. Never resort to self help bc violence

Question 8

ejectment

Answer 8

cause of action for the recovery of possession of real property and for damages due to the withholding of possession

Question 9

summary proceedings

Answer 9

intended to be a quick and efficient means by which to recover possession after termination of a tenancy
o Idea give landlords prompt hearing to evict defaulting tenants

Question 10

Rent acceleration

Answer 10

provision that upon the tenant’s default all rent for the entire term is due and payable

Question 11

LL remedies

Answer 11

• 1. The landlord can treat the lease as continuing, do nothing, and sue the tenant for rent
• 2. The landlord can treat the lease as continuing and relet the premises on the abandoning tenants behalf
o Tenant remains liable for the difference in rents owed
o Landlord relets on tenants account for less than FMV and less than the original rent- T could be liable for difference
 L should try to come up with a tenant would can pay FMV
 Landlord can recover against T for difference between the T lease and new lease agreement
• 3. The landlord can accept the surrender of the lease and reletting on the landlords own account
o Give notice to tenant that she is retaking the property

Question 12

Covenant of Quiet Enjoyment

Answer 12

implied in all leases- landlord promises that neither she nor anyone else will interfere with the tenant’s lawful possession:
• Landlord has obligation to allow tenant to occupy the premises in peace
• Landlord only responsible for taking reasonable precautions against crime and taking care of common area

Question 13

Reste Realty v. Cooper

Answer 13

Basement flooded, promises to fix, people left.
Held - Cooper was sufficiently deprived of her use and enjoyment of the premises to constitute a constructive eviction. She was assured by :: agent, but LL didn’t get it

Question 14

Necessary elements of Constructive eviction

Answer 14

1) Intentional acts of the landlord that breach a duty owed to the tenant; (2) Are the cause of substantial interference with tenant’s enjoyment, or render it unfit for the purpose for which it was leased; (3) Tenant’s vacating premises; (4) Within a reasonable time after landlords actions

Question 15

Breach of quiet enjoyment

Answer 15

= constructive eviction

Question 16

actual vs. constructive eviction

Answer 16

IF actual eviction, tenant is relived from all liability for tent. If constructive (partial), part of the premises uninhabitable, most jurisdictions say tenant not relieved of rent obligatiob

Question 17

Implied Warranty of Habitability

Answer 17

landlord will deliver and maintain throughout the period of the tenancy premises that are safe, clean, and fit for human habitation.

Covers all latent and patent defects in essential facilities (even if tenant knew).

Cts inquire into impact on health and safety

Question 18

Hilder v. St. Peter

Answer 18

house rented horrible conditions, broken sewer, chunks of ceiling falling, inoperable toilet.

Question 19

Tenant must show what for WoH

Answer 19

(1) Landlord had notice of the previously unknown defect and failed within a reasonable time to repair it; (2) The defect affecting habitability existed during the time for which rent was withheld

Works like contract.

Question 20

WoH remedy

Answer 20

• Recession- court can tear up lease; Reformation- court will reform lease; Damages for breach
o Damages = agreed rent - fair market value in defective condition

OR can deduct expense for remedying defect from rent

• Tenant can pay rent and remain in possession and later sue for reimbursement and damages claiming breach of implied warranty of habitability
• Tenant can remain in possession and withhold rent, landlord sues for back rent and tenant asserts breach of the warranty as a defense

Question 21

When can tenant withhold rent under Woh?

Answer 21

1)ll had notice and failed to repair in reasonable time, 2)defect affecting habitability existed during the time for which rent was withheld.

Question 22

punitive damages under WoH

Answer 22

willful or wanton or fraudulent breach by conduct manifesting personal ill will, or carried on in circumstances of insult or oppression, with wanton diregard for one’s rights”

Question 23

• Landlord has duty to the public for unreasonable defects when:

Answer 23

(1) leased to T for use open to general public; (2) defect existed at outset; (3) landlord knew or should have known; (4) landlord knew or should have known tenant could not have reasonably been expected to remedy defect

Question 24

• Common law held landlords liable for tenant injuries only when

Answer 24

the landlord negligently breached the limited duties that arise from the expectations due to quiet enjoyment and constructive eviction

Question 25

Waste

Answer 25

• Duty is breached if tenant makes changes that affect a vital and substantial portion of the premises as would change its characteristic appearance, or the uses contemplated

Question 26

implied warranty of quiet enjoyment

Answer 26

Reste realty - land shoudl be suitable for purposes of use

Question 27

Doctrine of quiet enjoyment

Answer 27

must be substantially suitable for purposes of use. Tenant has to give notice and give reasonable notice for LL to remedy.

Question 28

To bring breach of warranty of habitablity

Answer 28

notifcation of ll, reasonable time to fix