4: Implied Landlord's Duties and Implied Conditions to Tenant's Obligations

Question 1

What does the implied warranty of habitability rule require the landlord to do?

Answer 1

1. Maintain bare living requirements

2. Premises are fit for human occupation

Question 2

Is a code violation able to establish a beach of the implied warranty of habitability rule?

Answer 2

No, as long as the claimed defect has an impact on the tenant’s health or safety.

Question 3

What is the majority approach for the implied warranty of habitability rule?

Answer 3

Landlord cannot ask tenant to waive the implied warranty of habitability.

Question 4

What is the minority approach for the implied warranty of habitability rule?

Answer 4

Tenant can waive the implied warranty of habitability if offered a rent abatement, there needs to be consideration for the agreement.

Question 5

What are the four remedies for the implied warranty of habitability?

Answer 5

1. Tenant can continue to pay rent and fuel a suit to establish the breach & receive difference money for the excess rents paid
2. Tenant can legally withhold rent, motivating the landlord to repair the premises
3. Treat the lease as breached & move out
4. Repair and deduct

Question 6

When can special damages be recovered?

Answer 6

When, as a foreseeable result of landlord’s breach, the tenant suffers personal injury, property damage, relocation expenses, or other similar injuries.

Question 7

What are the three methods for breach of the implied warranty of habitability?

Answer 7

1. Difference money for fair rental value in the unrepaired condition
2. Difference money for contract fair rental in the unrepaired condition
3. Percentage diminution

Question 8

Why is percentage diminution used the most often in courts?

Answer 8

Both other methods require hiring experts to prove.

Question 9

What is percentage diminution?

Answer 9

The tenant’s recovery reflects the percentage by which the tenant’s use and enjoyment of the premises has been reduced by the uninhabitable conditions

Question 10

What is the commercial equivalent to the implied warranty of habitability?

Answer 10

The implied warranty of suitability

Question 11

What is the implied warranty of suitability?

Answer 11

At the inception of the lease, there are no latent defects in the facilities that are vital to the use of the premises for their intended purpose and that these essential facilities will remain in suitable condition

Question 12

What is the majority approach to the implied warranty of suitability?

Answer 12

It does not recognize the implied warranty of suitability

Question 13

What is the minority approach to the implied warranty of suitability?

Answer 13

Recognizes the implied warranty of suitability; essential facilities must be suitable for the commercial purpose