Leases Flashcards
In the middle of one of the worst snowstorms in the last 20 years, the heat went out in Lessee’s residential apartment unit. Lessee immediately called–and spoke to–Lessor to report the problem. Lessor promised to have the heater fixed, but was vague about when the repair would occur. Lessee followed up with multiple phone calls, texts, and emails. After several days without heat, Lessee abandoned the residential rental unit, and subsequently refused to pay rent for the remaining term of the lease. Lessor sued Lessee for the unpaid rent. Who will most likely win the lawsuit?
Lessee. This is a breach of the Warranty of Habitability.
*The landlord breached the implied Warranty of Habitability. For many jurisdictions across the United States, this promise of a habitable living environment is implied by law in residential leases. It need not be discussed verbally or included in writing in the lease. The basic living and safety standards in this implied warranty include necessities such as heat, plumbing, electrical systems, and water. By not responding in a timely manner to the tenant’s repeated calls for help, the landlord was in breach of the implied Warranty of Habitability. Therefore, the tenant’s abandonment of the leasehold property–and subsequent refusal to pay rent–would most likely be found by a court to be justified, relieving the tenant from any further obligations under the lease. Note: A failure on the part of the landlord to make a residential rental property habitable is referred to as “constructive eviction.” This is not physical or legal eviction, but rather a failure on the part of the landlord that significantly affects the tenant’s possession, enjoyment, or use of the leasehold property.
Robin rents a unit from owner Joaquin. Therefore _____________.
Joaquin is the lessor and Robin is the lessee.
- The landlord or property owner is the lessor; or the person giving the lease rights. The tenant is the lessee; or the person receiving the lease rights.
