defective premises

Question 1

independence of covenants doctrine

Answer 1

if landlord agree repair was a seperate contract than lease
tradit. landlord no obligation to make repairs
land conveyed by lease
structures transferred “as is”
Landlord owned reversion-qusifiduciary. landlord hold tenant resposible for not making repairs-waste
mostly abolished

Question 2

barton enterprises v. tsern

Answer 2

modern rule of defective premises:
tradit com law-not allow tenant w/hold rent (if covenant of quiet enjoyment satifsy than all well)
here tenant outta luck. had possession, but constructive eviction

Question 3

constructive eviction

Answer 3

occurs where the
landlord allows the tenant to physically
possess the premises, but prevents the tenant
from using the premises

Question 4

does tenant have to pay rent w/constructive eviction?

Answer 4

no, obligation stops
To claim a constructive eviction, the tenant
must move out of the premises
-Most jurisdictions now allow a “partial constructive
eviction” where the tenant moves out of part of the
premises

Question 5

can tenant make repairs and stay?

Answer 5

not allowed

Question 6

if ct determines landlord did not constructively evict?

Answer 6

ten has to surender premise & unpaid rent

Question 7

indep of convenance doctrine & commercial tenancies?

Answer 7

most states have not, but is trend

Question 8

implied warranty of habitability

Answer 8

requires the landlord to maintain the
residential premises at least at the level
required by the local building, safety and
health codes

Question 9

remedies for breach of IWH?

Answer 9

tenant is entitled to damages equal to
the amount needed to fix the defective
condition and that amount, but no more,
may be deducted from the rent owed

Question 10

implied warranty of suitability?

Answer 10

pplies
to commercial tenancies
‘ A growing majority of jurisdictions have
accepted the suitability warranty
‘ Unlike the situation with the implied
warranty of habitability, the implied warranty
of suitability can be waived by the tenant

Question 11

telluride v. 34 venture

Answer 11

rent control
rent has tendancy to go up faster than people’s income
but when cost skyrocket/inflation landlords cant keep up , cant raise rent, leave bldgs => become slums. ex(bronx)
(vs. rent stabilization-board said max could charge,repealled in 90s)