Landlord-Tenant Flashcards
Statute of Frauds (leases)
leases for more than a year must be in writing. All but a few jurisdictions permit oral leases for less than a year
Elements of adverse possession
1) actual entry of property (gives owner notice)
2) exclusive possession
3) hostile and under a claim of right or title
4) continuous and uninterrupted
5) for statutory period
Fair Housing Act protected classes
Can’t refuse to sell or rent on the basis of color, religion, sex, familiar status, or national origin
Prima Facie FHA case
motive need not be proved. Proof of discriminatory treatment is good
CRA for prop
All ctzns of the US have the same right enjoyed by white ctzns to inherit, purchase, lease, sell hold and convey personal property. REQUIRES proof of intentional or purposeful discrimination.
CL LL self-help
LL could use self-help to retake the premises from a tenant in possession w/ civil liability for wrongful eviction if 1)LL is legally entitled to possession, 2)LL means of re-entry are peaceful and use not more force than reasonably nexessary
Eviction by self-help
when the landlord evicts the defaulting tenant without resort to the judicial process
Berg v. Wiley
restaurant case. Changes the locks after violation of health code and remodelling without permission
Rule: LL must always resort to judicial process to enforce his statutory remedy against a tenant. Never resort to self help bc violence
ejectment
cause of action for the recovery of possession of real property and for damages due to the withholding of possession
summary proceedings
intended to be a quick and efficient means by which to recover possession after termination of a tenancy
o Idea give landlords prompt hearing to evict defaulting tenants
Rent acceleration
provision that upon the tenant’s default all rent for the entire term is due and payable
LL remedies
• 1. The landlord can treat the lease as continuing, do nothing, and sue the tenant for rent
• 2. The landlord can treat the lease as continuing and relet the premises on the abandoning tenants behalf
o Tenant remains liable for the difference in rents owed
o Landlord relets on tenants account for less than FMV and less than the original rent- T could be liable for difference
L should try to come up with a tenant would can pay FMV
Landlord can recover against T for difference between the T lease and new lease agreement
• 3. The landlord can accept the surrender of the lease and reletting on the landlords own account
o Give notice to tenant that she is retaking the property
Covenant of Quiet Enjoyment
implied in all leases- landlord promises that neither she nor anyone else will interfere with the tenant’s lawful possession:
• Landlord has obligation to allow tenant to occupy the premises in peace
• Landlord only responsible for taking reasonable precautions against crime and taking care of common area
Reste Realty v. Cooper
Basement flooded, promises to fix, people left.
Held - Cooper was sufficiently deprived of her use and enjoyment of the premises to constitute a constructive eviction. She was assured by :: agent, but LL didn’t get it
Necessary elements of Constructive eviction
1) Intentional acts of the landlord that breach a duty owed to the tenant; (2) Are the cause of substantial interference with tenant’s enjoyment, or render it unfit for the purpose for which it was leased; (3) Tenant’s vacating premises; (4) Within a reasonable time after landlords actions
Breach of quiet enjoyment
= constructive eviction
actual vs. constructive eviction
IF actual eviction, tenant is relived from all liability for tent. If constructive (partial), part of the premises uninhabitable, most jurisdictions say tenant not relieved of rent obligatiob
Implied Warranty of Habitability
landlord will deliver and maintain throughout the period of the tenancy premises that are safe, clean, and fit for human habitation.
Covers all latent and patent defects in essential facilities (even if tenant knew).
Cts inquire into impact on health and safety
Hilder v. St. Peter
house rented horrible conditions, broken sewer, chunks of ceiling falling, inoperable toilet.
Tenant must show what for WoH
(1) Landlord had notice of the previously unknown defect and failed within a reasonable time to repair it; (2) The defect affecting habitability existed during the time for which rent was withheld
Works like contract.
WoH remedy
• Recession- court can tear up lease; Reformation- court will reform lease; Damages for breach
o Damages = agreed rent - fair market value in defective condition
OR can deduct expense for remedying defect from rent
- Tenant can pay rent and remain in possession and later sue for reimbursement and damages claiming breach of implied warranty of habitability
- Tenant can remain in possession and withhold rent, landlord sues for back rent and tenant asserts breach of the warranty as a defense
When can tenant withhold rent under Woh?
1)ll had notice and failed to repair in reasonable time, 2)defect affecting habitability existed during the time for which rent was withheld.
punitive damages under WoH
willful or wanton or fraudulent breach by conduct manifesting personal ill will, or carried on in circumstances of insult or oppression, with wanton diregard for one’s rights”
• Landlord has duty to the public for unreasonable defects when:
(1) leased to T for use open to general public; (2) defect existed at outset; (3) landlord knew or should have known; (4) landlord knew or should have known tenant could not have reasonably been expected to remedy defect
