Landlord's Duties

Question 1

Duty to Deliver Possession

Answer 1

Majority Rule requires that the LL put the T in actual physical possession of the premises at the beginning of the lease-hold term.

Question 2

Implied Covenant of Quiet Enjoyment

Answer 2

T has the right to quiet use of enjoyment without interference from the LL (residential or commercial)

Question 3

Breach by Wrongful Eviction

Answer 3

L wrongfully evicts without cause or excludes T from premises

Actual Eviction - exclusion from entire leased premises. Terminates T’s obligation to pay rent.

Partial Eviction - T is physically excluded from only part of the leased premises. Relieves T from obligation to pay rent for entire premises.

Question 4

Breach by Constructive Eviction

Answer 4

L renders premises unsuitable for occupancy.

Elements: SING

Substantial Interference - chronic/permanent problem due to L’s actions or failures.

Notice - T must notify L of the problem; L must fail to fix

Goodbye/Get Out - T must vacate within reasonable time after L fails to fix

T who has been constructively evicted may terminate the lease and may also seek damages.

Question 5

Implied Warranty of Habitability

Answer 5

Residential Leases

Premises must be fit for basic human habitation

Standard: Case law & Housing Code

What sort of problems trigger? no heat in winter, no plumbing, no running water.

Question 6

T’s Entitlement When Implied Warrant of Habitability is Breached

Answer 6

MR-3

Move, Repair, Reduce, Remain

Move out and terminate the lease (does not have to)

Repair and deduct

Reduce rent or withhold all rent until the court determines fair rental value

Remain in possession, pay full rent, and affirmatively seek money damages

Question 7

Retaliatory Eviction

Answer 7

a LL may not terminate a lease or otherwise penalize a T in retaliation for the T’s exercise of their legal rights.

To overcome the presumption, the LL must show a valid, non-retaliatory reason for their actions.

Question 8

Anti-Discrimination Legislation

Answer 8

Civil Rights Act - bars racial or ethnic discrimination

Fair Housing Act - protects T’s and potential T’s from discrimination based on race, color, religion, national origin sex, or disability, as well as familial status (except senior housing)

Question 9

Fair Housing Act - Exemptions

Answer 9

The Fair Housing Act does not apply to:

1. owner-occupied buildings with four or fewer units in which persons 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.

Question 10

Fair Housing Act - Prohibited Actions

Answer 10

It is unlawful to 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 or 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.

Question 11

Reasonable Accommodations

Answer 11

LL’s must permit disabled T’s to make reasonable modifications to existing premises to accommodate their disabilities at the T’s own expense.