Landlord & Tenant Flashcards
Notice of Termination
Requires notice of termination to be given at least seven days prior in a week – to – week tenancy, and at least 30 days prior in a month to month tenancy.
Excused from paying rent
A tenant is excused from paying rent if the premises are destroyed, as long as the tenant is not at fault for the destruction, unless there is an agreement to the contrary.
Preservation of Waste
If the tenant commits waste that materially affects the health and safety, the LL may:
- give written notice
- state tenant’s act or omission
- state the termination date and
- termination date cannot be less than 30 days after receipt of notice.
Duty to Maintain Appliances
Per written Agreement, tenant is obligated to maintain in good working order and condition any range, refrigerator, washer, dryer, dishwasher, and other appliances supplied by the landlord.
Tenants duty
- Pay rent
- Avoid waste
- Keep the property safe and sanitary
- Keep all plumbing fixtures as clean as their condition permits
- Use and operate all electrical and plumbing fixtures properly
- Comply with housing, health, and safety codes.
- Not violate any controlled substance laws on the premises.
Past-due-rent
LL may apply a security deposit to the payment of past-due-rent.
Notice of eviction
- Give three day notice of eviction by
- certified mail, return requested
- handing a written notice in person
- leaving it at the tenants premises by posting it on the door.
Landlord duty to mitigate
Follow the majority rule
Implied warranty of Habitability
- Comply with housing, health, and safety codes
- Make repairs to keep premises in a fit and habitable condition
- Keep all common areas in a safe and sanitary condition
- Maintain all electrical, plumbing; sanitary, heating, ventilating, and cooling appliances
- Supply running water and reasonable heat and
- Give reasonable notice (24 hours) of intent to enter the premises.
Tenant’s remedies
- May send written notice specifying the acts, omissions, or code violations to the person or place where rent is normally received
- Upon receipt of notice, LL must remedy the condition within a reasonable time or within 30 days
- If LL fails to remedy the situation and tenant is current on rent, tenant may:
- deposit all rent due with the escrow account
- apply to the court for an order directing the condition to be remedied or
- terminate the rental agreement.
Covenant of Quiet Enjoyment
TT has the right to:
- complain to a government agency
- complain to the landlord about the violation of his duties; or
- Join with other tenants to negotiate deal collectively.
• LL may not retaliate against the a tenant for reporting.
TT rights on Breach of CQE
- use LL retaliatory actions as a defense to action by the LL to recover possession of the premises;
- terminate the lease
- TT may recover from the LL any actual damages plus reasonable attorney fees.
Holding and returning security deposit
Any SD in the excess of one month’s rent or $50 bears interest at the rate of 5% per year if the tenant rents for six months or more.
- LL must pay interest to TT each year.
- LL must return the SD with 30 days after termination of the lease.
- if the LL deducts money from the SD, she must identify and itemize the deduction in a written notice delivered to the TT.
- If the LL fails to do this, the TT may recover the SD, plus damages equal to the wrongfully with held plus reasonable attorney fees.
- TT must provide written notice of forwarding address. If failed to do so, TT is not entitled to the damages above or attorney fees.
