Duties of Landlords and Tenants Flashcards
Can a tenant commit waste?
Yes.
Is waste committed where damage occurs to the property without fault by the LL or the tenant?
No. However, the T has to keep paying rent absent language in the contract to the contrary.
If a residential tenant covenants to repair, the ______________ is still obligated to repair.
landlord
When does illegal conduct by the T justify the termination of the lease by the LL?
When it is continuous.
If a lease ends early, is the T liable for the entire period’s rent?
Generally, no. He only pays rent proportional to the time he lived there.
LLs are not permitted to keep security deposits beyond what?
The damages actually incurred by the property.
Where a tenant is in possession of the property but does not pay rent, what are the LLs remedies?
Evict or sue for rent.
If the tenant unjustifiably abandons the property, what must the LL do?
He must attempt to mitigate his damages.
If the T abandons the property, is he still liable for rent?
Yes, until the LL accepts the surrender, i.e. takes possession of the property again.
If the LL takes possession of the property for the purposes of attempting to relet the property in order to mitigate damages, has the LL accepted the surrender?
No. Taking possession of the abandoned premises for the purposes of attempting to relet the premises in order to mitigate one’s damages is not an acceptance of a surrender. The T is still liable for rent.
Duty to Deliver Possession of Premises —
the LL has a duty to deliver physical possession of the property to the T at the beginning of the lease.
Implied Covenant of Quiet Enjoyment —
every lease has an implied covenant of quiet enjoyment that neither the LL nor a paramount title holder will disturb the T’s enjoyment of the land.
How is the implied covenant of quiet enjoyment breached?
By actual, partial or constructive eviction.
Actual Eviction —
the LL, a paramount title holder, or a holdover tenant excludes the tenant from the entire leased premises.
Remedy for actual eviction?
Terminates obligation to pay rent.
Partial Eviction —
T is physically excluded from part of the property. If by the LL, the T can stop all his rent. If by a third party, the T can apportion his rent.
Constructive Eviction
a LL’s breach of duty renders the premises unsuitable for occupancy. The T can terminate the lease and seek damages.
Implied Warranty of Habitability —
a covenant implied in residential leases which ensures that the leased property will be fit for human residence. This is not waivable.
Remedies for breach of the implied warranty of habitability?
End the lease, makes repairs and offset rent, abate future rent, or remain in possession and sue for damages.
Retaliatory Eviction
a LL may not end a lease or otherwise penalize a T for exercising their legal rights.
The Civil Rights Act of 1866 prevents what kind of discrimination in housing?
Racial or ethnic discrimination.
The Fair Housing Act bars what kind of discrimination?
Ethnicity, religion, national origin, gender, disability, families with children (except in senior living facilities).
Under the American Rule, landlords must do what?
place the tenant in legal, but not actual, possession of the property.
Under the English Rule, landlords must do what?
place the tenant in both legal and actual possession of the property.
