Landlord/ Tenant

Question 1

Voluntary Waste

Answer 1

The tenant intentionally damages the premises.
Tenant has a duty not to reck the place.

Question 2

Permissive Waste

Answer 2

Permit the property to fall into disrepair.

Tenant owes no duty to make substantial repairs, but the tenant owes a duty to make repairs to upkeep the property the way the property was given to the tenant.
Residential tenants can not

Question 3

Ameliorative Waste

Answer 3

Exceptions:
If the entire neighborhood has the same changes than the tenant may not be liable.

Question 4

Destruction of premises without fault

Answer 4

Modernly, the tenant can elect to treat the lease as canceled

If the property is destroyed without the tenants fault.

Question 5

Implied Warranty of Habitability

Question 6

Landlord duties

Answer 6

1. Put the tenant in actual possession of the property during the lease.
2. Covenant of quiet use and enjoyment.
3. Implied Warranty of Habitability

Imposed by Federal Law
1. Civil rights act - bars racial
2. Fair housing act

Question 7

Actual eviction

Answer 7

terminates tenant obligation to pay rent and opens up to the tenant to sue LL for any damages.

Question 8

Partial Eviction

Answer 8

Whenever T is physically excluded from a part of the property.

If partial eviction was caused by LL itself this relives T of entire obligation to pay rent.

If partial eviction is carried out by a third party than there is a portionate of rent and T is liable for this portion.

Question 9

Constructive Eviction

Answer 9

*Most tested

LL breach of duty renders untenable

To establish a claim the tenant must prove:
1. LL breached a duty to tenant
2. The breach substantially and materially effects the T
3. Tenant must give LL notice of defect in a reasonable time to repair it.
4. After such reasonable to the tenant must vacate the premises (if you stay there you have not been constructively evicted)

T can sue for damages.

Question 10

Implied Warranty of Habitability

Answer 10

Applies in all jurisdiction to residential, but in some jurisdiction to both residential and companies.

4 remedies
1. T may retain in possession, but put the rent into an escrow acct while the damages will be determined by the court determined by the nature of the violation.
2. T may move out and terminate the lease
3. T can make repairs directly and offset the cost against future rent. T needs to prove she did not over pay for the job.
4. Abate rent - fair market value in view of the defects.

Question 11

Retaliatory Eviction

Question 12

Fair Housing Act

Answer 12

Exception:
4 units or less and you physically live there.

You can choose the people you want to live around you.

Question 13

Assignments and Subleases

Answer 13

When the tenant is giving all or part of leasehold estate to a knew person.

Assignment giving all interest to a new party
Transferring whole lease to a new person.
Sublease- giving some interest to a new party.

Question 14

VERTICAL PRIVITY

Answer 14

REFERS TO THE SUCCESSION OF LAND FROM THE GRANTOR TO THE GRANTEE. VERTICAL PRIVITY ON THE TENANTS SIDE EXISTS ONLY IF THE ORIGINAL PARTIES TO THE COVENANTS TRANSFERS THE FULL ESTATE OR INTEREST TO HIS OR HER SUCCESSOR- IN OTHER WORDS IF THE TRANSFER IS AN ASSIGNMENT RATHER THAN A SUBLEASE.