Landlord's Duties

Question 1

Duty to deliver possession

Answer 1

L must put T in actual physical possession of the premises at the beginning of the lease
-If a holdover is still in possession, L in is breach and can be sued for damages

Question 2

Implied covenant of quiet enjoyment

Answer 2

T has a right to quiet use and enjoyment of the premises, without interference from L or a paramount title holder
-Wrongful or constructive eviction = breach
-MUST vacate after constructive eviction to seek remedy

Question 3

Wrongful eviction

Answer 3

1. Actual eviction
   -Landlord, paramount title holder, or holdover tenant excludes the tenant from the entire leased premises
   -Terminates tenant’s obligation to pay rent
2. Partial eviction
   -Tenant is physically excluded from only part of the leased premises
   -Partial eviction by L relieves T’s rent obligation for the entire premises
   -i.e., collapsed ceiling in one room of apartment

Question 4

Constructive eviction

Answer 4

L’s breach of duty renders the premises unsuitable for occupancy:
-Substantial interference (chronic/permanent problem)
-T must notify L
-T must vacate the premises

T may terminate the lease and seek damages

Question 5

Landlord liability for other tenants

Answer 5

Generally no liability except:
1. A landlord has a duty to abate (reduce) a nuisance on site; or
2. A landlord must control common areas

Question 6

Implied warranty of habitability

Answer 6

Requires that bare living requirements must be not
-MAY vacate to seek remedy
-Not waivable
-Not applicable to commercial leases
-i.e., no heat in the winter or no running water

T’s remedies:
1. Move out and terminate lease
2. Make reasonable repairs and deduct costs from future rents
3. Reduce rent or withhold all rent until court determines value
4. Remain in possession, pay full rent, and seek money damages

Question 7

Retaliatory eviction

Answer 7

L cannot terminate or penalize T in retaliation for exercising his legal rights
-Presumption 90-180 days after T exercises rights
-Rebut presumption by showing valid, non-retaliatory reason

Question 8

Anti-discrimination legislation

Answer 8

Civil Rights Act
-Bars racial or ethnic discrimination in the sale or rental of all property

Fair Housing Act
-Protects tenants and potential tenants from discrimination based on race, color, religion, national origin, sex, disability, or familial status
>Exemptions as it relates to ADVERTISING, FHA does not applyto (1) owner-occupied buildings with four or fewer in which persons live independently of each other and single-family homes sold or (2) rented by an owner who owns no more than three single-family homes
-FHA prohibits refusing to buy/sell, providing additional/different terms, or falsely representing a dwelling isn’t available
-L must permit disabled tenants to make reasonable modifications to existing premises, but T pays