landlord tenant

Question 1

What is the difference between surrender and abandonment in landlord-tenant law?

Answer 1

Surrender is when T and L mutually agree to terminate the lease early. Abandonment occurs when T vacates the leased property without justification and without any present intention of returning.

Question 2

What remedies does a landlord have in case of a tenant’s abandonment?

Answer 2

• Sue for all rent through end of the lease
• Call it a surrender
• Mitigate damages and sue for the balance due

Question 3

True or False: A landlord is under no duty to mitigate damages caused by a defaulting tenant according to the historic rule.

Answer 3

True

Question 4

What is the modern majority rule regarding a landlord’s duty to mitigate damages?

Answer 4

A landlord has a duty to mitigate damages where he seeks to recover rents due from a defaulting tenant.

Question 5

What are the procedural requirements for mitigation as established in Sommer v. Kridel?

Answer 5

• Prove reasonable diligence in attempting to re-let the premises
• Offer or show the apartment to prospective tenants
• Advertise in local newspapers

Question 6

In the context of mitigation, what must a tenant do to rebut the landlord’s evidence?

Answer 6

Show that he proffered suitable tenants who were rejected.

Question 7

Fill in the blank: Before the lease term begins, L typically requires T to pay a sum of money as _______.

Answer 7

[security deposit]

Question 8

What are typical statutory requirements concerning security deposits?

Answer 8

• Amount of the security deposit is limited
• Deposit must be placed in a trust account
• Types of permissible deductions specified
• Detailed list of deductions must be provided to the tenant

Question 9

What is the difference between cleaning charges and normal wear and tear regarding security deposits?

Answer 9

Cleaning charges can be deducted for making the unit as clean as when the tenant moved in, while normal wear and tear cannot be charged.

Question 10

According to California law, what is the approach to repainting costs when a tenant moves out?

Answer 10

Assumes interior paint has a two-year life and deductions can be made based on the tenant’s length of stay.

Question 11

What is prohibited under the Elk Creek Management Co. v. Gilbert case regarding landlord retaliation?

Answer 11

• Increasing rent or decreasing services
• Serving a notice to terminate the tenancy
• Bringing or threatening to bring an action for possession

Question 12

What must a tenant prove to establish causation in a retaliation claim?

Answer 12

That ‘but for’ the tenant’s protected activity, the landlord would not have made the decision.

Question 13

What is the historic approach to eviction in landlord-tenant law?

Answer 13

Self-help: L could retake possession through self-help using reasonable force.

Question 14

What are the conditions under which a landlord may legally use self-help for eviction?

Answer 14

• The landlord is legally entitled to possession
• The landlord’s means of reentry are peaceable

Question 15

What is the unlawful detainer process in California?

Answer 15

Landlord gives notice to the tenant, giving usually 3 days to pay rent or leave the property.

Question 16

True or False: The modern trend in eviction law supports the use of self-help by landlords.

Answer 16

False

Question 17

What is the landlord’s only remedy for a defaulting tenant in most states?

Answer 17

Evict the defaulting tenant through judicial process.

Question 18

What is the initial notice period a landlord typically gives a tenant in California for unpaid rent?

Answer 18

3 days to pay the rent or leave the property.

Question 19

What happens if a tenant does not respond to the unlawful detainer complaint within 10 days?

Answer 19

The landlord can ask the court for a default judgment and a judgment of possession.

Question 20

What occurs if a tenant files a response to the unlawful detainer complaint?

Answer 20

The court will schedule a trial, typically for about 20 days out.

Question 21

Who presents their case first during the trial in an unlawful detainer action?

Answer 21

The plaintiff-landlord presents their case first.

Question 22

What is issued if the landlord wins the trial and receives a judgment of possession?

Answer 22

A writ of execution, which is the eviction notice.

Question 23

What must a tenant do to challenge a landlord’s failure to maintain premises fit for human habitation?

Answer 23

Prove that the landlord failed to ensure habitability, did not contribute to the problem, and notified the landlord.

Question 24

What are the three conditions tenants must prove in a habitability claim?

Answer 24

• The landlord failed to ensure the premises were fit for human habitation
• The tenants did not substantially contribute to the claimed problem
• The tenants notified the landlord and provided a reasonable time to fix it

Question 25

According to common law, what happens to chattels permanently affixed to the premises by the tenant?

Answer 25

They are considered fixtures and cannot be removed by the tenant.

Question 26

What is the modern rule regarding chattels becoming fixtures?

Answer 26

The tenant must intend for it to become a permanent part of the premises.

Question 27

What is a trade fixture?

Answer 27

A fixture that is almost always removable by the tenant.

Question 28

What does the warranty of habitability include?

Answer 28

The physical maintenance and repair of a dwelling unit.

Question 29

True or False: A property is still habitable if it has a few minor defects.

Answer 29

True.

Question 30

What is the significance of the case Doe v. New Bedford Housing Authority?

Answer 30

It discusses the impact of unlawful drug activity on the habitability of housing developments.

Question 31

What must a landlord provide as part of the implied warranty of habitability?

Answer 31

Adequate security measures to protect tenants against crime.

Question 32

Fill in the blank: Tenants must notify the landlord about the claimed habitability problem and give a _______ to fix it before withholding rent.

Answer 32

reasonable amount of time

Question 33

What is the outcome if the premises were fully habitable regarding rental value?

Answer 33

The rental value would be $600 per month.

Question 34

What is the formula for calculating tenant damages in a habitability claim?

Answer 34

The percentage by which the uninhabitable condition reduced use and enjoyment of the premises subtracted from back rent due.

Question 35

What is the main focus of the landlord-tenant hypo worksheet?

Answer 35

Issues related to written leases, conditions, discrimination, and eviction.