evictions

Question 1

constructive eviction

Answer 1

**landlord’s actions make the premises uninhabitable, forcing tenant to vacate. **premises is unsuitable for their purposes due to a recurring problem

Question 2

for a constructive eviction claim a tenant must

Answer 2

abandon the property

Question 3

actual eviction

Answer 3

landlord deprives tenant of possession of the premises

Question 4

actual partial eviction

Answer 4

when the tenant id deprived of only part of the premises

Question 5

implied warranty of habitability

Answer 5

ensures residential premises meet basic safety and health standards

Question 6

under an implied warranty claim a tenant..

Answer 6

does not have to leave the property
* must give notice of the condition to the landlord and give reasonable time

Question 7

a tenant cannot waive…

Answer 7

essential terms of an apartment
*health and safety is not waivable

Question 8

remedies for breach of an implied warranty

Answer 8

• differences between warranted and actual value
• tenant can terminate the lease
• adjust the lease terms
• tenant may withhold rent
• punitive damages in cases of willful/wanton

Question 9

housing codes are

Answer 9

less strict, easier to violate house codes than implied warranty

Question 10

retaliatory eviction

Answer 10

landlords cannot evict, raise rent, or reduce services in response to a tenant complaints about habitability
* someone not named on the lease cannot claim this
* presumed to be retaliation if adverse action occurs within 90-180 days of a complaint