6. Landlord's Contractual Duties

Question 1

What is the landlord’s duty in delivering possession of premises?

Answer 1

Actual possession (majority view)
- If there is hold-over tenant => Breach => Sue for damages

Legal possession (minority view)
- If there is hold-over tenant => NO breach

Question 2

What is the implied covenant of quiet enjoyment?

Answer 2

1) Either;
- Landlord
- Landlord’s paramount title holder (previous Mortgagee who forecloses)

2) NO interference of Tenant’s quiet enjoyment + possession of premises

Question 3

How may the implied covenant of quiet enjoyment be breached?

Answer 3

Actual eviction
- Landlord/Paramount title holder/Hold-over tenant
- Excludes Tenant from ‘entire’ premises
=> Terminates Tenant’s duty to pay rent

Partial actual eviction

• Landlord physically excludes Tenant from part of premises => Terminates Tenant’s duty to pay rent
• Paramount title holder physically excludes Tenant from part of premises => NOT terminate Tenant’s duty to pay rent (must pay reasonable value)

Constructive eviction (unsuitable for occupancy)

1) Landlord breached duty
2) Breach substantially + materially deprived Tenant’s use and enjoyment (flooding, loss of heat)
3) Tenant gave notice + reasonable time to repair
4) Tenant vacated premises => Terminate lease + Sue for damages

Question 4

What is the implied warranty of habitability?

Answer 4

1) Landlord must ensure premises is reasonably suitable for human residence
2) Residential leases

Question 5

What are the Tenant’s remedies if the Landlord breaches the implied warranty of habitability?

Answer 5

Move out
- Terminate lease

Repair
1) Tenant must give notice to Landlord
2) Within reasonable time to make repairs
=> Offset cost vs future rent

Reduce/Abate rent
- To fair rental value

Remain

• Pay rent
• Seek damages

Question 6

What is the difference between implied covenant of quiet enjoyment and warranty of habitability?

Answer 6

Covenant of quiet enjoyment
- Mandatory eviction

Warranty of habitability
- NOT mandatory eviction

Question 7

What is the doctrine of retaliatory eviction?

Answer 7

If Tenant complains re condition of building => Landlord can NOT evict Tenant

Question 8

What is the difference between breach of duty to deliver possession and implied covenant?

Answer 8

Deliver possession
- Sue for damages

Implied covenant
- Eviction