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Property > Landlord- Tenant > Flashcards

Landlord- Tenant Flashcards

1
Q

Fair Housing Act

A

Cannot refuse to sell/rent the making of an offer or to refuse to negotiate for sale/rental bc of the following:
* race
* color
* religion
* sex
* disability
* familial status
* national origin

Here, the BOP is on the plaintiff to show O’s discriminatory intent.

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2
Q

FHA in advertising?

A

FHA forbids the discrimination in the making, printing, or publishing of an advertisement.

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3
Q

Neithamer

A

Rule: to est. prima facie case of discrimination, plaintiff must show:
1. they are a member of a protected class and the def knew or suspected
2. he applied for and was qualified to rent the property
3. def rejected the application
4. property remained available thereafter

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4
Q

Fair Housing Council of San Fernando Valley v. Roomate.com

A

Rule: it is not unlawful to discriminate in selecting a roomate becaise the FHA does not apply to the sharing of living units.
- note: although there are exceptions to the Fair Housing Act, the Act’s prohibition on discriminatory advertising applies to all dwelings.

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5
Q

Non Freehold Estates

A

A nonfreehold estate is an estate whoch gives the right to possess the property but not title to hold the property.
- rent basically
- usually called leaseholds or tenancies

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6
Q

4 types of landlord-tenant relationships

A
  1. tenancy for years
  2. periodic tenancy
  3. tenancy at will
  4. tenancy at sufferance
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7
Q

NFE- Terms of years

A

fixed duration that is agreed upon in advance, once term ends the tenant’s possessory right automatically expires, and landlord may retake possession of the premises.

L leases greenacre to T “from July 1,2015 to June 30, 2025”

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8
Q

NFE- periodic tenancy

A

automatically renewed for successive periods unless the landlord or tenant terminated the tenancy by giving advanced notice.

L leases Greenacre “to T from month to month, beginning July 1, 2021”

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9
Q

NFE- tenancy at will

A

no fixed ending point, rather continues only so long as both the landlord and the tenant desire.
- often rises w/out an express agreement

If L leases Greenacre to T “for as long as both of us wish” this creates a tenancy at will

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10
Q

NFE- Tenancy at sufferance

A

Created when a personw ho rightfully took possession of teh land continues in possession after that right ends.
- arises from improper conduct, not from an agreement.
- convenient label for the wrongful occupancy.

L and T enter into a 12 year terms of year tenancy agreement for Greenacre on January 1, 2012. The tenancy ends at midnight on Dec 31, 2023 but T wrongful continues possession becoming a holdover tenant. T aint wanna leave basically- a holdover tenant .

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11
Q

Tenancy at Sufferance- CL provides two solutions

A
  1. Treat T as a trespasser and evict
  2. renew T’s tenancy for another term
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12
Q

Keydata Corp v. U.S. : NASA case

A

Rule-
American rule: lease is solely a right to occupy, lesee must take possession of the premises. tenant has the right to take possession and canbring an action to evict.
English rule- landlord must deliver actual possession of the premises at the start of the term. when the lease is silent, the landlord is responsible for delivery of the premises.
- where lessee cannot take possession b/c of a holdover tenant, then landlord is in breach of obligation and the tenant can terminate the lease.

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13
Q

Conditions of the Premises

A

this all has to do with the conditions of the premises- think repairs, etc.

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14
Q

Constructive Eviction

A
  • a defense for the tenant to not have to pay for missed rent or breaking the lease.

wrongful conduct by the landlord that substantially interfered w/ the tenant’s beneficial use and enjoyment of leased premises.
- wrongful conduct may be satisdied by an act or an ommission (failure to do an act)

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15
Q

Constructive Eviction- When an Omission is Wrongful

A
  1. landlord fails to perform an obligation in the lease
  2. landlord fails to adequately maintain and control the common area
  3. breaches a statuatory duty owed to the tenant
  4. fails to perform promised repairs
  5. allows nuisance-like behavior
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16
Q

The 2 Constructive Evictions that Courts usually focus on-

A
  1. Landlord or agent committed a material act or omossoon which substantially interfered with use and enjoyment of the premises for their leased purpose
  2. tenant abandoned the premises within a reaosnable period of time after the act or omission
17
Q

CE- Implied covenant of quiet enjoyment

A

a promise by the landlord that he would noy wrongfully interfere with the tenant’s possession
- if the landlord physicaly evicted the tenant, this breached the covenant of quiet enjoyment and ended the lease.

18
Q

CE- Implied covenant of quiet enjoyment
Fidelity Mutual (anti abortion protestors)

A

facts- 3rd part anti abortion protestors. LL failed to remove them.
substantial interference- ommission by a ll which reult in the parties lack of access to the office of a practicing physician is “permanent deprivation of enjoyment.”
LL had a legal right to control 3p, yet still failed to do so.
T abandons reasonable period of time- tenant complained to LL and LL still did nothing so they left.

this is a constructive eviction example

19
Q

CE- Implied covenant of quiet enjoyment
Paoulucci (jewelry store)

A

facts- P rents jewelry store in mall. LL failed to deal with loud neighbor video store next door. P starts complaning bc the noise and vibrations made things walls shake. he made over 500 complaints. LL sues p for overdue rent from abandoning.
rule: tenant waives any claim of constructive eviction by failing to vacate the premises whithin a reasonable time after the occurence of the condition that made the premises untenantable.
Analysis- tenant. may not have to evacuate immediately, but within a reaosnable time. claim is waived if the tenant unreasonably delays abandoning the premises.
- Here, the condition definietly called for CE and met the element. However, it was not done in reasonable time- around 10 years.

did not constitute constructive eviction. big on reasonable time.

20
Q

Conditions of Premises- Implied Warranty of Habitability

A

doctrine that protects residential tenants from defective housing conditions- requires LL to maintain “bare living requirements”
* Adopted b/c problem with constructive eviction is that tenant must **vacate **to assert the defense.

21
Q

Elements of Implied Warranty of Habitability

A
  1. warranty requires that the landlord maintain “bare living requirements” and that the premises are fit for human occupation.
  2. tenant must notify LL about defects
  3. LL must have reaosnable time to repair material defects before a breach can be established.
22
Q

Remedies to- Implied Warranty of Habitability

A
  1. withhold rent
  2. repair and deduct
  3. sue for damages
  4. terminate the lease
23
Q

Ending the Tenancy- 3 main ways

A
  1. surrender
  2. abandonment
  3. eviction
24
Q

Surrender

A

T and LL could mutually agree to terminate the lease early

25
Q

abandonment

A

T vacates the premises before the lease term expires and stops paying rent
* today, LL must mitigate damages in most jurisidctions.
* LL must use reaosonable dilligence- – factors = LL offered or showed the premises to prospective tenants, the premises was advertised, evidence that suitable tenants were rejected

26
Q

Eviction

A

T stops paying but remains, LL wants to take repossession
* traditionally LL was free to terminate a periodic tenancy - however, today a LL may not terminate a tenancy in retaliation to a T who reports a housing violation. But for test here- does the tenant’s actitivity have a causal connect to the owner’s decision to act.
* Most jurisdictons state that the only remedy to evict a residential tenant is through the judicial process. traditionally, the LL could evict tenant by use of self help. (own card for self help)

27
Q

eviction- *Self Help *

A

THIS IS NO LONGER LEAGAL THOUGH
two conditions must be met:
1. landlord is legally entitled to possession, and
2. landlord’s means of re-entry are peaceable

Property (15 decks)

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