Landlord's Duties

Question 1

Landlord’s Duties

Answer 1

• duty to deliver possession
• implied covenant of quiet enjoyment
• implied warranty of habitability

Question 2

Duty to Deliver Possession

Answer 2

• L must put T in actual physical possession of the premises at beginning of leasehold term
• if prior T still around, L has breached + new T gets damages

Question 3

Implied Covenant of Quiet Enjoyment

Answer 3

• arises by implication in every residential and commercial lease
• provides that a tenant has right to quiet use and enjoyment of the premises, w/o interference from L or a paramount title holder
• can be breached by wrongful eviction or constructive eviction

Question 4

Breach by Wrongful Eviction

Answer 4

• occurs when L evicts w/o cause
• actual eviction: L, a paramount title holder, or a hold-over T excludes T from ENTIRE leased premises -> terminates T’s obligation to pay rent
• partial eviction: T is physically excluded from only part of the leased premises
  -> when by L, relieves T of obligation to pay rent for ENTIRE premises, even though T is still in possession of the remainder

Question 5

Breach by Construction Eviction

Answer 5

• occurs when L’s breach of duty renders premises unsuitable for occupancy
• T may terminate the lease + may also seek damages

Elements: SING:
- Substantial Interference - chronic or permanent problem due to L’s actions or failures
- Notice - T must notify L of problem + L must fail to fix it
- Goodbye - Tmust vacate w/in reasonable time after L fails to remediate

Question 6

Breach by Constructive Eviction - Acts of Other Tenants

Answer 6

• landlord generally NOT liable for wrongful acts of other T’s

Exceptions:
- L has duty to abate a nuisance on site
- L must control common areas

Question 7

Implied Warranty of Habitability

Answer 7

• implied in residential lease (NOT commercial ones)
• nonwaivable
• provides that premises must be fit for basic human habitation
  -> appropriate standard determined by case law + local housing code
  -> ex’s: no heat in winter, no working plumbing, no running water

Question 8

What can T do when implied warranty of habitability breached?

Answer 8

• Move out and terminate
• Repair and deduct (allowable by statute in growing number of states -may make reasonable repairs + deduct $ from future rent)
• Reduce rent or withhold all rent until court determines fair rental value
  (typically need to place withheld rent into escrow to show good faith)
• Remain in possession, pay full rent, + affirmatively seek money damages

Question 9

Retaliatory Eviction

Answer 9

• in many states, L may not terminate a lease or otherwise penalize T in retaliation for T’s exercise of their legal rights
• many states presume retaliatory motive if L acts within 90 to 180 days after T exercises rights
  -> to overcome this presumption, L must show a valid, nonretaliatory reason for their actions

Question 10

Civil Rights Act

Answer 10

• bars racial or ethnic discrimination in sale or rental of all property

Question 11

Fair Housing Act

Answer 11

• protects tenants + potential tenants from discrimination based on race, color, religion, national origin, sex, or disability, as well as familial status (except in senior housing)

Question 12

Fair Housing Act - Exemptions

Answer 12

Except as relates to advertising, the FHA does not apply to:
1) owner-occupied buildings w/ 4 or fewer units in which persons 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 13

FHA - Prohibited Actions

Answer 13

Unlawful to take certain actions b/c of a person’s race, color, religion, sex, disability, familial status, or national origin, including:
- refusing to negotiate, rent, or sell housing or make available a mortgage loan or other financial assistance
- providing different terms or conditions for the sale or rental of a dwelling or for a mortgage or other financial assistance
- falsely representing that a dwelling is not available for inspection, sale, or rental

Question 14

FHA - Discriminatory Advertisements

Answer 14

• unlawful under FHA to make, print, or publish any notice or ad that indicates any preference or limit based on race, color, religion, sex, disability, familial status, or national origin

Question 15

FHA - Reasonable Accommodations

Answer 15

• when FHA applies, L must permit disabled T’s to make reasonable modification to existing premises to accommodate their disabilities at T’s own expense
• L must also make reasonable accommodations in rules, policies, and services when necessary to afford a disabled person an equal opportunity to use a dwelling