7. Landlord's Duties Flashcards
What are Landlord’s duties?
Duty to deliver possession
Covenant of quiet enjoyment
Implied warranty of habitability
NO retaliatory eviction
What is the duty to deliver possession?
Put new T in actual physical possession of premises
What is covenant of quiet enjoyment?
L NOT to interfere with T’s quiet enjoyment and possession of premises
How can the covenant of quiet enjoyment be breached?
Actual eviction
Partial eviction
Constructive eviction
Is Landlord liable for acts of other tenants?
NO
UNLESS
- Abate nuisances on site
- Control common areas
When is warranty of habitability implied?
Residential leases
NOT commercial
Are warranty of habitability waivable?
NO
What is standard for warranty of habitability?
Fit for basic human dwelling
What are examples of breach of implied warranty of habitability?
NO heat during the winter
NO plumbing
NO running water
What options are available for Tenant if Landlord breaches implied warranty of habitability?
Move out
Repair property
Reduce rent
Remain in possession
(MR3)
What is the difference between Covenant of Quiet Enjoyment and Implied Warranty of Habitability?
Covenant of Quiet Enjoyment
- T must vacate
Implied warranty of habitability
- T could vacate
What are examples of retaliatory eviction (that L must not do)?
Raising rent
Terminating lease
Harassing Tenant
Taking other reprisals
Who does L owe Covenant of Quiet Enjoyment to?
Tenant
Tenant’s Successor
NOT Assignee (NO privity of estate)
