Landlord/Tenant Law - Landlord's Duties

Question 1

The English Rule(Majority Rule) requires that the Landlord put Tenant

Answer 1

in PHYSICAL possession of the premises.

Question 2

The Implied covenant of quiet enjoyment guarantees Tenant

Answer 2

a right to quiet use and enjoyment of the premises without interference from Landlord. Applies to BOTH residential and commercial leases.

Question 3

Elements of Constructive Eviction:

Answer 3

SI-N-G. 1) Substantial Interference; 2) Notice; AND 3) Goodbye (tenant must vacate)

Question 4

Is a landlord liable for acts of other tenants?

Answer 4

No. However, L must not permit a nuisance on site and L must control common areas.

Question 5

The Implied Warranty of Habitability guarantees

Answer 5

that the premises must be fit for basic human dwelling. Applies ONLY to residential leases.

Question 6

Upon violation of the Implied Warranty of Habitability, tenant can:

Answer 6

1) Move out/end lease (but doesn’t HAVE to); 2) Repair and deduct from future rent; 3) Reduce or Withold rent, and place rent into escrow; 4) Remain in possession and seek money damages.

Question 7

The Assignment vs. the Sublease

Answer 7

Absent some prohibition, a tenant may freely transfer their interest in the whole, an assignment, or in part, a sublease.

Question 8

Landlord’s Tort Liability under Caveat Lessee holds:

Answer 8

in TORT, let tenant beware, the landlord is under no duty to make the premises safe.

Question 9

Exceptions to Caveat Lessee:

Answer 9

1) Common Areas must be maintained by Landlord
2) Landlord must warn of hidden defects (latent defects) that Landlord does or should know about.
3) A Landlord who voluntary makes repairs negligently is liable.
4) A landlord who leases a public space and, given the nature of the defect and length of the lease knows T will not repair, is liable for any defects.
5) Landlord is liable for personal injury sustained during a short term lease of a furnished dwelling.