Landlord's Duties

Question 1

What is a landlord’s duty to deliver possession?

Answer 1

The majority rule requires that the landlord put the tenant in actual physical possession of the premises at the beginning of the leasehold term.

Question 2

If at the start of the tenant’s lease, a prior holdover tenant is still in possession, what is the result?

Answer 2

The landlord has breached, and the new tenant may sue for damages.

Question 3

What is the implied covenant of quiet enjoyment?

Answer 3

A tenant has a right to quiet use and enjoyment of the premises, without interference from the landlord or a paramount title holder.

This promise arises by implication in both residential and commercial leases.

Question 4

How does a landlord breach the implied covenant of quiet enjoyment?

Answer 4

(1) Wrongful eviction

(2) Constructive eviction

Question 5

What is actual eviction? What is the legal effect of actual eviction?

Answer 5

Actual eviction occurs when the landlord, a paramount title holder, or a holdover tenant excludes the tenant from the entire leased premises.

Actual eviction terminates the tenant’s obligation to pay rent.

Question 6

What is partial eviction? What is the legal effect of partial eviction?

Answer 6

Partial eviction occurs when the tenant is physically excluded from only part of the leased premises.

Partial eviction by the landlord relieves the tenant of the obligation to pay rent for the entire premises, even though the tenant continues in possession of the remainder.

Question 7

What is constructive eviction? What are the elements? What is the legal effect of constructive eviction?

Answer 7

Constructive eviction occurs when the landlord’s breach of duty renders the premises unsuitable for occupancy.

The elements of constructive eviction are (“SING”):
(1) Substantial Interference: a chronic or permanent problem due to the landlord’s actions or failure to act

(2) Notice: tenant must notify the landlord, and the landlord must fail to remediate
(3) Get out: tenant must vacate within a reasonable time after the landlord fails to remediate

A tenant who has been constructively evicted may terminate the lease and may also seek damages

Question 8

Is the landlord liable to a tenant for the wrongful acts of other tenants? Exceptions?

Answer 8

Generally, no.

Two exceptions:
(1) A landlord has a duty to abate a nuisance on site

(2) A landlord must control common areas

Question 9

What is the implied warranty of habitability?

Answer 9

The premises must be fit for basic human habitation (i.e., bare living requirements must be met).

Applies only to residential leases, and is nonwaivable. Any attempt to void the warranty of habitability is null and void.

Question 10

If the implied warranty of habitability is breached, what are the tenant’s options? (M R 3)

Answer 10

(1) Move out and terminate the lease
(2) Repair and deduct (allowable by statute in a growing number of jurisdictions; a tenant may make the reasonable repairs and deduct their cost from future rent)
(3) Reduce rent or withhold all rent until the court determines fair rental value (typically, the tenant must place withheld rent into an escrow account to show their good faith)
(4) Remain in possession, pay full rent, and affirmatively seek money damages

Question 11

What is retaliatory eviction?

Answer 11

Retaliatory eviction occurs if a landlord terminates a lease or otherwise penalizes a tenant in retaliation for the tenant’s exercise of their legal rights (e.g., if a tenant lawfully reports a landlord for housing code violations).

In many states, retaliatory eviction is prohibited. Many states presume a retaliatory move if the landlord acts within 90 to 180 days after the tenant exercises their rights.

To overcome the presumption, the landlord must show a valid, nonretaliatory reason for their actions.

Question 12

The Civil Rights Act bars _______ or _______ discrimination in the sale or rental of all property.

Answer 12

(1) racial

(2) ethnic

Question 13

The Fair Housing Act protects tenants and potential tenants from discrimination based on:

Answer 13

(1) race
(2) color
(3) religion
(4) national origin
(5) sex
(6) disability
(7) familial status (except in senior housing)

Question 14

Except as relates to advertising, the Fair Housing Act does NOT apply to:

Answer 14

(1) owner-occupied buildings with four or fewer units in which persons live independently of each other; and
(2) single-family homes sold or rented by an owner who owns no more than three single-family homes

Question 15

Under the Fair Housing Act, it is unlawful to take certain actions because of a person’s race, color, religion, sex, disability, national origin, or familial status, including:

Answer 15

(1) Refusing to negotiate, rent, or sell housing or make available a mortgage loan or other financial assistance;
(2) Providing different terms or conditions for the sale or rental of a dwelling or for a mortgage or other financial assistance; and
(3) Falsely representing that a dwelling is not available for inspection, sale, or rental

Question 16

As it pertains to discriminatory advertisements, the Fair Housing Act may be violated by:

Answer 16

(1) the person who makes a discriminatory advertisement (such as a landlord), AND
(2) the newspaper or other publisher that prints it

Question 17

When the Fair Housing Act applies, landlords must permit disabled tenants to make _______ to existing premises to accommodate their disabilities at the tenants’ own expense.

Answer 17

reasonable modifications

Question 18

When the Fair Housing Act applies, landlords must make reasonable accommodations in _______, _______, and _______ when necessary to afford a disabled person an equal opportunity to use a dwelling.

Answer 18

rules, policies, and services