Landlord's Duties

Question 1

Four principal Landlord responsibilities:

Answer 1

1. Deliver possession of the premises;
2. Satisfy the implied covenant of quiet enjoyment in every residential and commercial lease;
3. Satisfy the implied warranty of habitability (in residential leases) and
4. Refrain from breaching the doctrine of retaliatory eviction.

Question 2

Duty to Deliver possession

Answer 2

• Majority rule: L must put T in actual physical possession of the premises at the start of the lease.
• If a prior T is still in possession, L is in breach and the new T is entitled to damages.

Question 3

The implied covenant of quiet enjoyment

Answer 3

• Provides that Tenant has a right to quiet use and enjoyment of the premises, without interference from Landlord.
• Applies to all leases, both residential and commercial.

Question 4

The two ways the implied covenant of quiet enjoyment can be breached

Answer 4

1. Actually and wrongfully excluding Tenant from possession of the whole or any part of the premises.
2. Committing constructive eviction.

Question 5

Three elements needed to satisfy the doctrine of constructive eviction.

Answer 5

SING

1. Substantial interference
2. Notice
3. Goodbye

Question 6

Substantial interference

Answer 6

• Tenant’s use and enjoyment must be substantially interfered with because of some act or failure to act attributable to Landlord.
• Does not necessarily mean permanent interference. Satisfied by a chronic or recurrent problem that is fundamentally incompatible with T’s quiet enjoyment.
• e.g. apartment floods every time it rains.

Question 7

Notice

Answer 7

Tenant must give Landlord notice of the problem, and Landlord must fail to act meaningfully within a reasonable time after receiving that notice.

Question 8

Goodbye

Answer 8

• To claim constructive eviction successfully, Tenant must vacate the premises within a reasonable time after Landlord fails to correct the problem.
• T cannot remain in possession and still plead successfully that she has been constructively forced out.

Question 9

Landlord’s liability for the bothersome conduct of other tenants

Answer 9

• CL: Landlord is not liable
  
  • Exceptions:
    
    • L has a duty not to permit a nuisance on the premises. e.g. placing T in a unit downstairs from a riverdance group.
    • L has a duty to control common areas. If problem occurred in a common area, L is responsible.

Question 10

What kinds of leases the Implied Warranty of Habitability applies to

Answer 10

Applies only to residential leases and not to commercial leases.

Question 11

IWH’s waivability

Answer 11

The implied warranty of habitability is non-waivable. Any attempt at disclaimer is void.

Question 12

IWH standard

Answer 12

• The premises must be fit for basic human habitation.
• Requires only that the very basic living requirements be met, e.g. running water, plumbing, and heat.
• Standard may be changed by applicable housing code or CL.

Question 13

Tenant’s entitlements when the IWH is breached.

Answer 13

MR3

• Move out: T can move out and terminate the lease
• Reduce rent:
  
  • T may reduce rent to an amount equal to the fair rental value of the premises in light of the defects, or
  • withold all rent until court determines fair value. must hold rent in escrow
• Remain
  
  • T may remain in possession and affirmatively sue L for damages

Question 14

Retaliatory Eviction

Answer 14

• If T lawfully reports L for housing code violations, L is barred from penalizing T.
• Ex: raising rent, ending the lease, harassing T, or taking any other reprisals.
• States set SoLs for a period of time the presumption of retaliation applies.