Landlord's duties

Question 1

what are the LL’s main duties

Answer 1

1. Deliver: duty to deliver possession of premises to T at beginning of leasehold
2. Implied C of QE
3. IWH
4. No retaliatory eviction
5. No discrimination in violation of CRA and FHA

Question 2

What is the implied covenant of QE

Answer 2

T has right to quiet use and enjoyment of the premises without interference from LL or paramount title holder (i.e. prior mortgagee of the LL who forecloses)

implied in EVERY lease

Question 3

CAP

How is IC of QE breached

Answer 3

1. constructive eviction - SING
2. actual eviction - LL terminates
3. partial eviction - T is physically excluded from only part of the leased premises

Question 4

Does actual eviction relieve tenant to pay rent?

if yes, what part of premise?

Answer 4

yes; relieves of entire premise

Question 5

Does partial eviction by a LL relieve tenant to pay rent?

if yes, what part of premise?

Answer 5

yes; of entire premise even tho T continues in possession of the remainder

Question 6

Does partial eviction by a paramount title holder relieve tenant to pay rent?

Answer 6

results in an apportionment of rent; i.e., the tenant is liable for the reasonable rental value of the portion that he continues to possess

Question 7

SING

Elements for constructive eviction

Answer 7

1. Substantial Interference - chronic or permanent problem
2. Notice - T notifies LL of problem, LL fails to fix
3. Goodbye - T must vacate after LL fails to remediate to claim constructive eviction

Question 8

options for a T who has been CE?

Answer 8

terminate lease or seek damages

Question 9

IWH applies only to what type of leases

Answer 9

residential lease only

does not apply to commercial leases

and its nonwaivable

Question 10

what sort of problems trigger IWH

Answer 10

no heat in winter, no running water, no plumbing

Question 11

MR3

What can T do when IWH is breached?

Answer 11

1. Move out and terminate lease
2. Repair and deduct
3. Reduce rent or withhold all rent until court determines fair rental value
4. Remain in possession, pay full rent, and affirmatively seek money damages

Question 12

QE- SING

IWH - MR³

Question 13

CRA prohibits

Answer 13

discrimination on race or ethnic origin in rental or sale of ALL property (commercial and noncommercial)

Question 14

list (7); cdfrrns (read like “code ferns”)

FHA protects

Answer 14

1. color,
2. disability,
3. familial status,
4. race,
5. religion, and
6. national origin,
7. sex

Question 15

bar fav, list (3)

FHA does not apply to

Answer 15

1. owner occupied buildings with 4 or less units where ppl live independently of each other (“Mrs. Murphy exemption”)
2. single family homes sold or rented by an owner who owns no more than 3 single-family homes at one time
   
   1. dont confuse with #1 - this means that there may be a total for more than 4 ppl living in these homes. The owner wont be subj to FHA as long as they own 3 or fewer single-family homes at ONE time
   2. has to be sold or rented BY THE OWNER. so, cannot use an agent or a broker.
3. Religious Organizations and Private Clubs
   
   1. can give preference to ppl of same religion or same club when selling or renting property for non-commercial purposes
      
      1. so can prefer one type of person but cannot discriminate against CDFRRNS

Question 16

bar fav, list (3)

prohibited actions under FHA

Answer 16

1. cannot refuse to negotiate, rent, sell housing, make a mortgage or other financial assistance available
2. cannot providing diff terms or conditions for the sale or rental of a dwelling, or mortgage, or other financial assistance
3. cannot falsely represent that a dwelling is not available or inspection, sale, or rental