Lesson 20: Landlord-Tenant Law

Question 1

covenant of quiet enjoyment

Answer 1

With the covenant of quiet enjoyment, the landlord guarantees that she has title to the property and that the tenant’s use and enjoyment of it won’t be interfered with, either by the landlord or by others making claims against the landlord’s title.

Question 2

constructive eviction

Answer 2

If a landlord fails to fix a serious problem after being given notice and time to repair the problem, the tenant can claim constructive eviction. Landlord threats against, or assault of, a tenant may also qualify as constructive eviction.

Question 3

novation

Answer 3

The only way for a tenant to entirely avoid liability for a lease is through a novation.

In a contract novation, a new party takes the place of one of the original parties, completely releasing the original party from the contract. Novation requires the consent of all parties.

In our example, Marlon can have Dana substituted into the lease, if the landlord agrees to release him from the contract.

Question 4

Fault-based just cause

Answer 4

Fault-based just cause for eviction occurs when a tenant materially breaches the lease; for example, the tenant fails to pay rent, uses the property for illegal purposes, or damages the premises.

Question 5

No-fault just cause

Answer 5

No-fault just cause for eviction can occur when:

the owner or a family member intends to move in,
the property will be vacated for demolition or substantial remodeling, or
the owner is taking the property off the rental market.

Question 6

unlawful detainer action

Answer 6

If the tenant ignores the notice to quit, the landlord’s next step is to file an unlawful detainer action.

The plaintiff (the landlord) alleges that the defendant (the tenant) has unlawfully detained the premises—in other words, remained in possession of the property without the right to be there.

Question 7

writ of possession

Answer 7

If a tenant refuses to leave the premises even after losing an unlawful detainer action, the landlord must request a writ of possession from the court.

A sheriff will serve the writ on the tenant; the writ gives the tenant five days to leave. After five days, the sheriff can physically remove the tenant and his possessions from the premises.