Landlord's Duties Flashcards
DUTY TO DELIVER POSSESSION
- Majority rule: LL puts tenant in actual physical possession of premises at beginning of leasehold term.
THE IMPLIED COVENANT OF QUIET ENJOYMENT
- ICQE rises by implication in every residential & commercial lease.
- Provides that tenant has a right to quiet use & enjoyment of premises, w/o interference from LL/title holder (ex. a prior mortgagee who forecloses).
Breach by Wrongful Eviction: When does this occur?
Actual Eviction
- Actual eviction occurs when LL, a title holder, or hold-over tenant excludes tenant from entire leased premises.
- Actual eviction terminates tenant’s obligation to pay rent.
Partial Eviction
- Partial actual eviction occurs when tenant is physically excluded from only part of leased premises.
- Partial eviction by LL relieves tenant of obligation to pay rent for entire premises
Breach by Constructive Eviction
- Constructive eviction occurs when LL’s BOD renders premises unsuitable for occupancy.
- To recall elements of constructive eviction: S I N G:
(1) Substantial Interference:
(2) Notice:
(3) Goodbye: - Tenant who has been constructively evicted may terminate lease & seek damages.
Acts of Other Tenants
- Is LL liable to tenant for wrongful acts of other tenants?
- As a general rule, no.
- 2 exceptions in which LL will be liable:
(1) LL has a duty to abate a nuisance on site
(2) LL must control common areas
THE IMPLIED WARRANTY OF HABITABILITY
- Most jurisdictions imply a covenant of habitability into residential leases.
- Applies only to residential leases & not to commercial leases.
- Nonwaivable.
Tip
IWH does not apply to commercial tenants—only to
residential tenants.
IWH: Standard
-Provides that premises must be fit for basic human habitation.
- Bare living requirements must be met.
T’s Entitlements When Implied Warranty of Habitability Is Breached
- If breached, tenant’s options are: M R 3: Move, Repair, Reduce, Remain:
(1) Move out & terminate lease
(2) Repair & deduct (tenant may make reasonable repairs & deduct cost from future rent)
(3) Reduce rent/withhold all rent until the ct determines fair rental value (typically, 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
Tip
On the exam, remember the difference between CQE (where to plead constructive eviction successfully the tenant must vacate), & IWH, where tenant could vacate but is not required to.
RETALIATORY EVICTION
- In many states, LL may not terminate lease/penalize tenant in retaliation for tenant’s exercise of their legal rights.
- Many statutes presume a retaliatory motive if LL acts w/in, for ex., 90 to 180 days after the tenant exercises their rights.
- To overcome this, LL must show a valid, nonretaliatory reason for their actions.
ANTI-DISCRIMINATION LEGISLATION
Civil Rights Act
- CRA bars racial/ethnic discrimination in the sale/ rental of all property.
Fair Housing Act
- FHA protects tenants & potential tenants from discrimination based on race, color, religion, national origin, sex, or disability, as well as familial status (except in senior housing).
FHA: Exemptions
- Except as relates to advertising, FHA does not apply to
(1) owner-occupied buildings w/ four/fewer units where persons live independently of each other; and
(2) single-family homes sold/rented by an owner who owns no more than 3 single-family homes
FHA: Prohibited Actions
- Under FHA, it is unlawful to take certain actions b/c of a person’s race, color, religion, sex, disability, familial status, or national origin, including:
(1) Refusing to negotiate, rent, or sell housing or make available a mortgage loan or other financial assistance;
(2) Providing different terms/conditions for the sale/ 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.
FHA: Discriminatory Advertisements Also Prohibited
- It is also unlawful under FHA to make, print, publish any notice/ad that indicates any preference/limitation based on race, color, religion, sex, disability, familial status, or national origin.
- This provision may be violated by the person who makes a discriminatory ad (such as LL) as well as by the newspape/other publisher that prints it.
- The exemptions stated above do not apply in relation to advertising.
FHA: Reasonable Accommodations
- When FHA applies, LLs must permit
disabled tenants to make reasonable mods to
existing premises to accommodate their disabilities at tenants’ own expense. - LLs must also make reasonable accommodations in rules, policies, and services when necessary to afford a disabled person an equal opportunity to use a dwelling.
