Landlord's duties Flashcards
Duty to deliver possession
Place T in actual physicla possessionn at start of lease.
If prior holdover tenant on site, L has breached. New T get’s damages.
The Implied Covenant of Quiet Enjoyment
T has right to quiet use and enojoyment without interference from L.
Can be breached through wrongful eviction or construction eviction
Breach by wrongful eviction (quiet enjoyment)
Exclusion from whole or part of presmises. By L, holdover tenant.
Can be through actual eviction or partial eviction.
—-actual eviction: terminates T’s obligation to pay rent
—–partial eviction: relieves T of the obligation to pay rent for the entire premises
Breach by Constructive Eviction (quiet enjoyment)
L renders premises unsuitable for occupancy. (example: rain makes it flood).
T has claim if three elements are met: (SING)
1) Substantial Interference (chronic or permanet problem)
2) Notice (T must notify L)
3) Goodbye (T must vacate within reasoanble time after L fails to remediate)
T may terminate lease and seeek damages
Acts of other tenants (constructive eviction)
L generally not liable, but two exceptions:
1) landlord has a duty to abate a nuisance on site
2) landlord must control common areas
T’s entitlement when implied warranty of habitability is breached
Tenants Options: MR3
1) Move (but doesn’t have to)
2) Repair and deduct
3) Reduce or withold rent (typically, T must put rent in escrow)
4) Remain and seek damages
Implied Warranty of Habitability
1) Residential only
2) premises must be fit for basic human habitation
3) Standard: case law and housing code
4) warranty is nonwaivable
Standard: case law and local housing code
Retaliatory Eviction
Many states: landlord may not terminate a lease or otherwise penalize a tenant in retaliation for the tenant’s exercise of hteir legal rights.
Many states presume a retaliatory move if landlord acts within 90-180 days after the tenant exercises their rights.
—-overcome show valid noretaliatory reason
Fair Housing Act
Protects tenants and potential tenants from discrimination based on race, color religion, national origin, sex, disability, familial status
Refusing to negotiate, rent, sell housing, give mortgage
Providing different terms for sale/rental
Falsely representing dwelling unavailable
**Reasonble accomodations for tenants with disabilities
—permit disabled tenants to make them at the tenant’s own expense
—–landlord makes accomodations via rules, polcicies, services when necesssary to afford them equal opp to use dwelling
Civil Rights Act
Civil Rights Act: Bars racial or ethnic discrim in sale or rental of all property
Fair Housing Act Excemptions
1) owner occupied buildings with 4 or fewer units
2) Single family homes if owner has no more than 3 single family ohmes
Duty to disclose dangerous condition
If, at the time the lease is entered into, L knows of a dangerosu condition the T could not discover upon reasoanble inspection, L has duty to disclose
