Landlord Duties

Question 1

Duty to Deliver Possession

Answer 1

Majority (English Rule) - put tenant in physical possession if holdover landlord problem

Minority (American Rule) - put tenant in legal possession - if holdover tenant problem

Question 2

Covenant of Quiet Enjoyment

Answer 2

Tenant’s right to quiet use and enjoyment of premises without interference from landlord. APPLIES TO BOTH RESIDENTIAL AND COMMERCIAL

Breaches: Wrongful Eviction/Constructive Eviction

Question 3

Wrongful Eviction

Answer 3

Occurs when Landlord wrongfully evicts tenant or excludes tenant from property

Question 4

Constructive Eviction

Answer 4

Tenant must prove: SING

SIgnificant Interference, due to landlord’s actions/failures CHRONIC PROBLEM
Notice - tenant must inform Landlord of problem and landlord must fail to act meaningfully.
Goodbye - tenant must vacate within a reasonable time after Landlord fails to fix.

Question 5

Liability of Landlord for other Tenants

Answer 5

Generally not liable.

However Landlord Must:
not permit a nuisance on site

control common areas

Question 6

Implied Warranty of Habitability

Answer 6

Applies to Residential Only:

Premises must be fit for basic human living (look to housing codes and case law for examples)

Question 7

Tenant’s Remedies (MR3)

Answer 7

Move out and end lease -
Repair and Deduct - reasonable repairs and deduct costs
Reduce Rent - or withhold all rent until court determines Fair rental value, must put rent in escrow
Remain in Possession, pay rent and seek money damages

Question 8

Retaliatory Acts

Answer 8

If tenant reports landlord for violations, landlord is barred from penalizing by raising rents, eviction, harassment or other reprisals