Landlord's duties Flashcards
what are the landlord’s duties?
(1) to deliver possession
(2) implied covenant of quiet enjoyment
(3) implied warranty of habitability
(4) not to discriminate [statutory]
what is the landlord’s duty to deliver possession?
LL must put T in actual physical possession of the premises at the beginning of the lease-hold term
if, at the start of the T’s lease, a prior holdover T is still in possession, the LL breaches and T gets damages
what is the implied covenant of quiet enjoyment and how does a LL breach it?
DEFINITION
tenant has a right to quiet use and enjoyment of the premises without interference from the LL or a paramount title holder [such as a mortgagee who forecloses]
BREACH BY WRONGFUL EVICTION [eviction without cause that excludes T]
(a) actual eviction
LL, paramount title holder, or hold-over T excludes T from entire leased premises
Result: T does not have to pay rent
.
.
.
(b) partial eviction
T is physically excluded from only part of the leased premises
Result when LL evicts:
T does not have to pay any rent [even though T continues in possession of the remainder]
Result when another person evicts:
T still has to pay rental value of portion he continues to possess
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BREACH BY CONSTRUCTIVE EVICTION
[A] LL’s breach of duty renders premises unsuitable for occupancy
SING
– substantial interference:
chronic or permanent problem due to L’s action or failures [Ex: sprinklers go off, malfunctioning periodically and ruin your things]
– notice:
T must notify L of the problem and L must fail to fix it
– goodbye or get out:
T must vacate within a reasonable time after L fails to remediate
Remedy: if you meet SING elements, T can terminate the lease and seek damages
[B] wrongful acts of other tenants result in constructive eviction and LL is liable for their actions
(1) LL has a duty to abate a nuisance on site
(2) LL must control common areas
what is the implied warranty of habitability?
Standard of habitability
when does breach occur?
T’s entitlements when implied warranty of habitability is breached
waivable or nah?
DEFINITION
STANDARD
determined by local housing codes and case law
reasonably suitable for human residence
WHEN DOES BREACH OCCUR?
drastic issues:
No heat in the winter, no plumbing, no running water, pipes burst rendering bathroom unusable
[prob not failure to keep AC on at night or failure to clean carpets]
T’S ENTITLEMENTS WHEN IT IS BREACHED
[M3R]
Move –– move out and terminate the lease
Repair –– make reasonable repairs and deduct their cost from future rent [allowable by statute in a growing number of jurisdictions]
Reduce –– reduce rent or withhold all rent until the court determines fair rental value [place rent in escrow to determine good faith]
Remain –– remain in possession, pay full rent, seek money damages
biggest difference between covenant of quiet enjoyment and implied warranty of habitability
CQE: to plead constructive eviction, T must vacate
IWH: to plead breach, T may vacate, but is not required to
what is the duty not to retaliate? [ not a real duty, goes along with “no wrongful evictions”]
In many states, a landlord may not terminate a lease or otherwise penalize a tenant [raise rent, harrass T] in retaliation for the tenant’s exercise of their legal rights
Many statutes presume a retaliatory motive if LL acts within 90-180 days after T exercises their rights … to overcome this presumption, LL must show a valid, non retaliatory reason for their actions
list main pieces of anti-discrimination legislation that applies to housing
civil rights act
fair housing act
what does Civil Rights Act bar?
bars racial or ethnic discrimination int he sale or rental of all property
Who is exempted from complying with the fair housing act and what are they exempted from?
FHA does not apply to:
(1) owner-occupied buildings with four or fewer units in which people 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
NOT exempted from the advertisement piece
what does the fair housing act prohibit?
HOUSING-RELATED ACTIONS:
You cannot take certain actions because 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 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
ADVERTISEMENTS
It is unlawful to make, print, or publish any notice or advertisement that indicates any preference or limitation based on race, color, religion, sex, disability, familial status, or national origin
LL/person who seeks to publish it and newspaper/publisher can be liable
what special duty do LLs owe to disabled tenants according to the fair housing act:
When the Fair Housing Act applies, landlords must permit disabled tenants to make reasonable modifications to existing premises
to accommodate their disabilities at the tenants’ own expense.
Landlords must also make reasonable accommodations in rules, policies, and services when necessary to afford a disabled person an equal opportunity to use a dwelling.
