Landlord Duties

Question 1

Covenant of Quiet Enjoyment

Answer 1

Every lease includes a covenant that landlord will not disrupt tenant’s possession; may
take form of actual or constructive eviction

Question 2

Actual Eviction

Answer 2

Must proceed through the courts; Wrongful eviction involves landlord self-help (illegal)

Question 3

Constructive

Answer 3

Conditions are so bad that they are akin to

eviction

Question 4

Breach of Covenant of Quiet Enjoyment

Answer 4

by Actual and wrongful eviction or by Constructive eviction

Question 5

Elements of Constructive Eviction

Answer 5

S-I-N-G
SUBSTANTIAL INTERFERENCE
NOTICE
GOODBYE OR GET OUT

Question 6

Substantial Interference

Answer 6

Tenant’s use and enjoyment must be substantially interfered with because of some act or failure to act attributable to Landlord.

Question 7

Notice

Answer 7

In fairness to Landlord, Tenant must give Landlord notice of the problem, and Landlord must fail to act meaningfully within a reasonable time after receiving that notice.

Question 8

Goodbye and Get out

Answer 8

To claim constructive eviction successfully, Tenant must vacate the premises within a reasonable time after Landlord fails to correct the problem. & Stop paying rent\

Question 9

Implied Warranty of Habitability

Answer 9

(Residential only) [NOT waivable] Landlord must
provide healthy and safe living conditions; similar to
constructive eviction, but need not leave to recover