Landlord's Duties Flashcards
Landlord’s duty to deliver possession
The majority rule requires that the landlord put the tenant an actual physical possession of the premises at the beginning of the leasehold term. Thus, if at the start of the tenants lease, a prior holdover tenant is still in possession, what is the result? The landlord has breached and, the new tenant gets damages.
Implied covenant of quiet enjoyment - generally
Arises by implication in every residential and commercial lease. A provides that attendant has a right to quiet use and enjoyment of the premises, without interference from the landlord or a paramount pedal holder. An example of a paramount titleholder would be a prior mortgagee who forecloses. How might a landlord breach this covenant? By wrongful eviction or constructive eviction. 
Implied covenant of quiet enjoyment - breach by wrongful eviction - occurs when
The landlord wrongfully evicts or excludes the tenant from the premises
Implied covenant of quiet enjoyment - breach by wrongful eviction - actual eviction
Actual eviction occurs when the landlord, a paramount title holder, or a holdover tenant excludes the tenant from the entire leased premises. Actual eviction terminates the tenants obligation to pay rent. 
Implied covenant of quiet enjoyment - breach by wrongful eviction - partial eviction
Partial actual eviction 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.
Partial eviction can occur, even when a ceiling collapses in one room of a rental house. 
Implied covenant of quiet enjoyment - breach by constructive eviction - generally
Constructive eviction occurs when the landlords breach of duty renders supremacist unsuitable for occupancy. This can occur for example, every time it rains, someone’s apartment floods.
They would have a claim for constructive eviction if three elements are met: (SING)
Substantial interference: a chronic or permanent problem due to the landlords actions or failures
Notice: the tenant must notify the landlord of the problem, and the landlord must fail to fix it
Goodbye: tenant must vacate within a reasonable time after the landlord fails to remediate the problem
A tenant who has been constructively evicted may terminate the lease and may also seek damages.
Implied covenant of quiet enjoyment - breach by constructive eviction - acts of other tenants
As a general rule, the landlord is not liable to attendant for the wrongful act of other tenants. But there are two exceptions in which a landlord will be liable:
Landlord has a duty to a nuisance on site
A landlord must control common areas
Implied warranty of habitability - generally
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.
Implied warranty of habitability - the standard
The implied warranty of habitability provides that the premises must be fit for basic human habitation. Bear living requirements must be met. The appropriate standard for habitability is discerned by law and local housing codes.
Examples of problems that trigger breach of the implied warranty of habitability include having no heat in the winter, no working plumbing, or no running water.
Implied warranty of habitability - tenant’s entitlements when IWOH is breached
If the implied warranty of how ability is breached, the tenant has four options:
Move out and terminate the lease
Repair and deduct (allowable by statue in a growing number of jurisdictions, a tenant may make the reasonable repairs and deduct their cost from future rent)
Reduce rent or withhold rent until determines rental value (typically, the tenant must place withheld rent into an escrow account to show their good faith)
Remain in possession, pay rent, and affirmatively seek money damages.
Retaliatory eviction
In many states, a landlord may not terminate a lease or otherwise penalize a tenant in retaliation for the tenants exercise of their legal rights. So, for example, if a tenant lawfully reports a landlord for a housing code violation, the landlord is barred from penalizing the tenant by raising rent, ending the lease, harassing the tenant, or taking other reprisals. Mini statutes presume a retaliatory motive if the landlord acts within for example, 90 to 180 days after the tenant exercises the right.to overcome the presumption, the landlord must show a valid, non-retaliatory reason for their actions.
Anti-discrimination legislation - civil rights act
The civil rights act bars, racial or ethnic discrimination in the sale or rental of all property.
Anti-discrimination legislation - Fair Housing Act
The fair housing act protects tenants and potential tenants from discrimination based on race, color, religion, national origins, sex, or disability, as well as familial status, except in senior housing. 
Anti-discrimination legislation - Fair Housing Act - exemptions
Except as it relates to advertising, the fair housing act does not apply to:
Owner occupied buildings with four or fewer units in which persons live independently of each other
And
Single-family homes sold or rented by an owner who owns no more than three single-family homes.
Anti-discrimination legislation - Fair Housing Act - prohibited actions
Under the fair housing act, it is unlawful to take certain actions because of a persons, race, color, religion, sex, disability, or familial status, or national origin, including:
Refusing to negotiate, rent, or sell housing or make a mortgage loan or other other financial assistance
Providing different terms or conditions for the sale or rental of a dwelling or for mortgage or other financial assistance
Falsely representing that a dwelling is not available for inspection, sale, or rent
Anti-discrimination legislation - Fair Housing Act - discriminatory advertisements also prohibited
It is also unlawful under the fair housing act to make, print, or published any notice or advertisement that indicates any preference or limitation based on race, color, religion, sex, disability, familial, status or national origin. This provision may be violated by the person who makes a discriminatory advertisement, such as a landlord, as well as by the newspaper or other publisher, that prints it. The exemptions stated in a prior card do not apply in relation to advertising. 
Anti-discrimination legislation - Fair Housing Act - reasonable accommodations
When the fair housing act applies, landlords must permit disabled tenants to make reasonable modifications to existing premises to accommodate their disabilities at the tenant own expense. Landlords must also make reasonable accommodations in rules, policies, and services when necessary to afford a disabled person and equal opportunity to use a dwelling.
