Duties Rights and Remedies Flashcards
Common Law Rule:
Caveat Lessee
Absent a clause in the lease, a tenant took the premises “as is,” and landlords were under no obligation to warrant the property.
Landlord delivered property as is if unless there was provision to make repairs.
How does a dispute arise?
- Tenant wishes to vacate OR stay and pay less, or no rent
- Tenant (or an invitee of the tenant) might be injured by the defective premises and claim damages against the landlord in tort.
What is the Covenant of Quiet Enjoyment?
In every lease there is an implied covenant that the tenant shall have the rights of possession, occupant, and beneficial use of every portion of the leased premises.
ONLY APPLIES TO PHYSICAL EVICTIONS
Why was the Covenant of Quiet Enjoyment developed?
Developed to protect a tenant against wrongful eviction by the landlord or someone claiming under the landlord.
Covenant of Quiet Enjoyment (5)
- Furnished dwelling / habitable premises
- Duty to disclose hidden defects at the time leased if L knew or should’ve known, and defect not apparent or would not be apparent by reasonable inspection
- L must maintain commons areas used by all tenants
- L must refrain from fraudulent misrepresentations as to the condition of the premises
- L must abate immoral conduct and other nuisances if they affected the leased premises
Hilder v. St. Peter
Overrules common law rule.
All residential leases include an Implied Warranty of Habitability that cannot be waived or negotiated out of the lease.
The premises are safe, clean, and fit for human habitation for the duration of the lease.
Why did the Common Law utilized Caveat Lesse?
Tenants were farmers capable of repairing the dwelling
How does a tenant show that a landlord violated the IWOH? (2)
- The landlord had notice of the previously unknown defect and failed, within a reasonable time to repair it;
AND
2.The defect, affecting habitability, existed during the time for which rent was withheld
What remedies are available to the tenant if a L violates the IWOH? (2)
1) Withhold rent – stay and not pay
2) Abate rent – stay and reduce rent by amount breached
What damages can T seek for L’s violate of IWOH? (4)
1) Rescission, reformation, or damages,
2) Withhold rent
3) Compensatory damages
4) punitive damages
Is there an IWOH in commercial leases?
NO
Why can a tenant abandon the premises if the L violates the IWOH? (Constructive Eviction)
We don’t want to force a tenant to stay in bad conditions and pay rent; want to allow them to be constructively evicted and sue later; don’t want landlords to say tenant abandoned
Why did IWOH come about?
Tenants are no longer farmers with skills / tools to upkeep. Rather, they are urbanized, unskilled tenants
No longer rely on housing codes because tenants were afraid to report violations, didn’t want their tenement to be shut down as “unfit”
Common Law – Retaliatory Evictions
Landlords had unlimited freedom to terminate periodic tenancies and tenancies at will upon proper notice and refuse to renew expired terms of years.
L’s reasons were irrelevant and could be malevolent.
Modern Doctrine – Retaliatory Evictions
No retaliatory actions are allowed by L
-L can’t evict in retaliation for something the L doesn’t like that T is doing
Burden is on L to show eviction is not based on retaliation
- If the eviction is close to time of conduct the tenant claims is motivation for eviction, the stronger the burden is on L
