Landlord's Duties

Question 1

what is the landlord required to do to satisfy their duty to deliver possession?

Answer 1

must put the tenant in actual physical possession of the premises at the beginning of the lease term

Question 2

what are the consequences if a prior holdover tenant is still in possession at the start of the tenant’s lease?

Answer 2

landlord has breached duty to deliver possession and new tenant can get damages

Question 3

what is the implied covenant of quiet enjoyment?

Answer 3

(arises by implication in every residential and commercial lease)
the tenant has a right to quiet enjoyment and use of the premises without interference from the landlord or paramount title holder

Question 4

how can a landlord breach the implied covenant of quiet enjoyment?

Answer 4

by wrongful or constructive eviction

Question 5

when does a L commit a wrongful eviction?

Answer 5

when they evict without cause or exclude tenant from the premises

Question 6

what is actual eviction?

Answer 6

when the landlord (paramount title holder) or holdover tenant excludes the tenant from the ENTIRE leased premises

Question 7

does a tenant have an obligation to pay rent when there’s been an actual eviction?

Answer 7

NO

Question 8

what is partial eviction?

Answer 8

when tenant is physically excluded from part of the leased premises

Question 9

does a tenant have to pay rent when they’ve been partially evicted by their LANDLORD?

Answer 9

NO (even though they continue in part possession)

Question 10

what is constructive eviction?

Answer 10

when the landlord’s breach of duty renders the premises unsuitable for occupancy

Question 11

when does a tenant have a valid claim for constructive eviction? (3 elements, SING)

Answer 11

(SING)
1) Substantial Interference (chronic/permanent problem due to L’s failure/actions)
2) Notice (T must notify L of the problem AND L must fail to fix)
3) Goodbye (T must vacate within reasonable time after L fails to remediate)

Question 12

what can a T who has been constructively evicted do?

Answer 12

terminate the lease and seek damages

Question 13

generally, is a landlord liable to a tenant for wrongful acts of other tenants?

Answer 13

no

Question 14

under what two circumstances, will an L be LIABLE to T for acts of other Ts?

Answer 14

L liable for breach of…
1) duty to abate nuisance on site
2) duty to control common areas

Question 15

to what kinds of leases is the implied warranty of habitability applicable?

Answer 15

only residential leases

Question 16

what is the implied warranty of habitability?

Answer 16

premises must be fit for basic human habitation (ie– bare living requirements must be met)

Question 17

how is the appropriate standard for “habitability” discerned?

Answer 17

by case law and local housing codes

Question 18

what sorts of problems trigger breach of implied warranty of habitability?

Answer 18

no heat in winter, no plumbing or running water, etc

Question 19

if the implied warranty of habitability is breached, what are a T’s options (4, “MR3”)?

Answer 19

(MR3)
1) Move out and terminate lease
2) Repair and deduct cost from future rent
3) Reduce rent or withhold all rent until court determines fair rental value
4) Remain in possession, pay full rent, and affirmatively seek money damages

Question 20

what must a tenant do to show good faith in withholding rent for breach of implied warranty of habitability?

Answer 20

place withheld rent in an escrow account

Question 21

what is the rule against retaliatory eviction?

Answer 21

a landlord may not terminate a lease or otherwise penalize a tenant in retaliation for the tenant’s exercise of their legal rights

Question 22

when will some states presume a retaliatory move by a landlord?

Answer 22

if the landlord acts 90-180 days after the tenant exercises their rights

Question 23

how can a landlord overcome a presumption of a retaliatory move?

Answer 23

by showing a valid, non-retaliatory reason for their actions

Question 24

how does the Civil Rights Act impact housing?

Answer 24

it bars racial or ethnic discrimination in the sale or rental of all property

Question 25

how does the Fair Housing Act protect tenants?

Answer 25

by barring discrimination based on race, color, religion, national origin, sex, or disability (includes familial status except in senior housing)

Question 26

does the Fair Housing Act apply to advertising?

Answer 26

yes

Question 27

what 2 situations does the Fair Housing Act NOT apply to?

Answer 27

1) owner occupied buildings with 4 or less units in which ppl live independently of each other
2) single family homes sold or rented by an owner who owns no more than 3 single family homes

Question 28

what are some prohibited actions under the Fair Housing Act?

Answer 28

if because of a person’s race, etc, a person
– refuses to negotiate, rent, sell housing OR make available mortgage loans/other financial assistance
– provides different terms/conditions for sale or rental of housing or mortgage/etc
– falsely represents that a dwelling is not available for inspection, sale, rental

Question 29

what is a landlord required to do when the Fair Housing Act applies? (disability accomodations)

Answer 29

1) permit disabled tenants to make reasonable modifications to existing premises (at tenant’s own expense)
2) make reasonable accommodations in rules, policies, services when necessary to give disabled tenant equal opportunity to use a dwelling