Landlord's Duties

Question 1

The landlord’s duty to deliver possession

Answer 1

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

Question 2

What is the implied covenant of quiet enjoyment?

Answer 2

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

Question 3

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

Answer 3

By wrongful eviction or constructive eviction.

Question 4

What is actual eviction?

Answer 4

When the landlord, a paramount title holder, or a hold-over tenant excludes the tenant from the entire leased premises. Actual eviction terminates the tenant’s obligation to pay rent.

Question 5

What is partial eviction?

Answer 5

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 6

When does breach by constructive eviction occur?

Answer 6

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

Question 7

What are the elements of constructive eviction?

Answer 7

SING
Substantial Interference
Notice
Goodbye

Question 8

Implied Warranty of Habitability

Answer 8

Most jurisdictions imply a covenant of habitability into residential leases. This important promise applies only to residential leases and not to commercial leases. This warranty is non-waivable.

Question 9

T’s Entitlements when implied warranty of habitability is breached

Answer 9

Tenant’s options are MR3

Move out and terminate lease
Repair and deduct (allowable by statute)
Reduce rent or withhold all rent
Remain in possession