III. Landlord / Tenants Flashcards
Tenants Duties?
(1) Pay Rent
(2) Duty to Repair - (A) keep premises in reasonably good repair and (B) not commit waste
(3) Duty to 3rd Parties - keep premises in reasonably good condition (liability to 3rd parties even if landlord promised to make all repairs) - can seek indemnification from landlord
Key Implied Warranties of Landlords?
Implied Covenant of Quiet Enjoyment
Implied Covenant of Habitability
Elements of Constructive Eviction?
Implied cov. of quiet enjoyment - can be breached by wrongful termination or constructive termination.
Later requires: 1. substantial interference by landlord 2. Notice to landlord and 3. Vacate within reasonable time.
Elements of Implied Warranty if Habitability
Used to apply caveat emptor (Latin for taking premises as is) but Courts modernly imply this for RESIDENTIAL leases - can breach if premises is not fit for basic habitation.
Remedies: 1. Move out and terminate; 2. Reduce rent / withhold, seek court to determine FMV 3. Repair & deduct cost from rent or 4. Remain and sue for monetary damages
What are the four types of leases or tenancies?
Tenancy for years, periodic tenancy, tenancy at will and tenancy at sufferance (aka holdover)
What is a holdover tenance?
A holdover tenancy is where a tenant was properly on the landlord’s premises, then exceeded their permission to occupy and remains on the premises unlawfully (i.e., stops paying rent). This can only be terminated via lawful eviction and sue for past-rent or if landlord elects to hold them to a new tenancy.
E.g., Tenant stops paying rent, so holdover occurs, then they start paying/landlord starts accepting an amount on a month-to-month basis = periodic tenancy by operation of law
What is a periodic tenancy?
For a period (i.e., month) and automatically renews at the end of each period (i.e., month-to-month). Requires notice to terminate. Amount of notice if one period under lease (i.e., one month, if monthly) - must be six months though if lease is year-to-year. Ends only at last day of period.
What is a tenancy for years?
A tenancy for a definite/fixed period of time, dates must be specified, automatically terminates.
What is a tenancy at will?
Created by express agreement, continues for as long as the parties desire, termination any time (should give reasonable notice, i.e., one payment period)
What is a lease?
A lease exists when a landlord grants a tenant the exclusive use of land for a period of time. A tenant has a present possessory interest and a landlord has a future possessory interest.
What can a landlord do if a tenant stops paying rent?
If in possession: evict and sue for unpaid rent or continue tenancy and sue for back rent. If they vacate: treat as surrender by operation of law and sue for back rent, but must reasonably mitigate (seek new tenant, sue for deficiency). Also protected by security deposit.
Self-help is prohibited and would subject them to civil and criminal liability (e.g., changing locks).
What are the types of waste a tenant can commit?
Affirmative - Intentional acts of destruction (removal of fixture installed by them must not cause substantial damage)
Permissive - Neglect
Ameliorative - Unauthorized improvements
What is a fixture?
Something attached to land or property that permanently improves it, it’s objectively irremovable.
What is a retaliatory eviction?
eviction in response to a tenant complaint. It is a cause of action for the tenant and a defense to eviction.
What torts can a landlord be liable for (besides nuisance)?
Caveat Lessee is a common law doctrine that means Landlord’s have no duty to protect tenants and invitees, except:
(1) must DISCLOSE latent defects
(2) must MAINTAIN common areas with reasonable care
(3) if they KNOW tenant makes PUBLIC USE of land, then LIABLE for defects they know the tenant won’t fix
(4) LIABLE for defects in short-term furnished dwellings (3 months or less) irrelevant of whether they know of not
