Landlord and Tenant: Landlord's Duties and Tenant's Remedies

Question 1

What issues arise under Landlord’s duties?

Answer 1

1. L’s duty to Deliver Possession
2. Implied Covenant of Quiet Enjoyment
   - wrongful eviction
   - constructive eviction
3. Implied Warranty of Habitability
4. Retaliatory Eviction

Question 2

What is the landlord’s duty to deliver possession of the premises?

Answer 2

Majority Approach “English Rule” –> L must put T in physical possession of the premises

EFFECT –> if at beginning of lease, there is still holdover, LL is in breach and T gets damages

Minority Rule “American Rule” –> L must put T in legal possession

Question 3

What is the “Implied Covenant of Quiet Enjoyment”?

When is it applicable?

How is it breached?

Answer 3

“implied covenant of quiet enjoyment” -LL may not interfere w tenant’s quiet enjoyment and possession of the premises

When applicable –> Residential AND commercial leases

This may be breached by:
1. “Actual Eviction” - L wrongfully evicts or excludes T from premises

Result –> T no longer has to pay rent

2. “Constructive Eviction”
   Three Requirements (SING)
3. “Substantial Interference” –> due to LL’s failures or actions
4. “Notice” –> T must give L notice and LL must fail to act
5. “Goodbye” –> T must vacate within reasonable time of LL’s failure to fix problem

RESULT –> Tenant may:

1. Terminate the lease; AND
2. Seek damages

Question 4

What is the rule w regards to “constructive eviction” if tenant still lives on the property?

Answer 4

• If tenant remains on premises, he CANNOT claim constructive eviction
• he ALSO cannot raise it as a defense for failure to pay rent

Question 5

What is the “Implied Warranty of Habitability”?

When is it applicable?

How is it breached?

Answer 5

General Rule —> Premises MUST be fit for basic human dwelling

Standard –>Maybe supplied by housing code OR case law

Examples –> no heat in winter, no plumbing, no running water.

NOTE –> it cannot be waived

Applies to –> Residential tenants ONLY, NOT to commercial tenants

Question 6

What is the EFFECT of a breach of “Implied Warranty of Habitability”?

Answer 6

Tenant may M4R
[Move, Repair, Reduce Rent, Remain]

(1) M - “Move” –> T may move out & end the lease (Note: but T doesn’t have to)
(2) R - “Repair” –> T may make reasonable repairs & deduct their cost from future rent

(3) R - “Reduce Rent” –> T may reduce rent OR withhold all rent until court determines fair rental value.
o Note: Typically, T must put $ in escrow to show good faith.

(4) R - “Remain” –> T may remain in possession, pay full rent, and affirmatively seek damages

Question 7

What is the rule w/ regards to “retaliatory evictions”?

Answer 7

General Rule –> If T lawfully reports L for housing code violation, L MAY NOT penalize T.

Examples –> raising rent, ending the lease, harassing T