Lessor's remedies/Landlord

Question 1

Foundation Develp Core v. Leohman

Answer 1

Historically, because of the independence
of covenants doctrine, the landlord could
terminate a lease only because of nonpayment
of rent
‘ This has been changed by statute in most
jurisdictions and now leases can be
terminated for any material breach
& If the breach is “trivial … or technical,” however,
many courts will enjoin the landlord from
terminating the lease

Question 2

notice to quit”

or “notice of eviction”

Answer 2

begins formal process of evicting a tenant
- If the tenant remains after the date set, a
formal suit is started seeking the eviction
(cannot self-helo)

Question 3

summary actions

Answer 3

evictions are.

expedited & limited

Question 4

The action takes
months to resolve rather
than years

Answer 4

The action takes
months to resolve rather
than years

Question 5

limited

Answer 5

Only the limited issues
surrounding whether the
landlord has the right to
reclaim possession can
be litigated

Question 6

judgment of

possession

Answer 6

If the landlord is successful in the action, he

or she will be given

Question 7

if tenant wont move out

Answer 7

the landlord can give the judgment to
the appropriate governmental officer who
will “execute” the judgment by physically
removing the tenant and his or her
belongings

Question 8

edward v. habib

Answer 8

retaliatory eviction:
The tenan tMUST HAVE MADE a prior
complaint regarding housing code violations
- As at least a partial result of this complaint,
the landlord seeks the tenant’s eviction

Question 9

TIME LIMITS on retaliatory evictions

Answer 9

In many states, the defense is never time barred
— if the landlord is evicting in retaliation, it
doesn’t matter how long it has been
& Other states limit the defense for a set period of
time following the making of the complaint

Question 10

condut that triggers defense of retaliatory eviction

Answer 10

restrictive states-complaints of housing code violations
-intermed states=any tenant being evicted because of any
housing-related action the tenant took
liberal states=tenant’s assertion of any statutorily or
constitutionally protected right

Question 11

traditional rule abandonment by tenant

Answer 11

The landlord can consequently leave the premises
vacant and hold the tenant responsible for all of the rent
-If the landlord goes back into possession of the
premises, the reversionary interest and the
possessory estate merge, and the nonfreehold
estate is extinguished
& To avoid the problem, a lease can authorize the
landlord to retake the premises as the tenant’s agent,
but the landlord will then owe the defaulting tenant a
fiduciary duty!

Question 12

US Natnl bank of oregon v. homeland inc

Answer 12

modern rule-abandonment of leasehold:
A landlord must mitigate damages
-The landlord must go back into possession of
the premises when the tenant abandons them
-The landlord must attempt to relet the premises
to lessen the defaulting tenant’s damages
-The landlord is entitled to the stipulated rent
less the rent the landlord received, or
should have received, in mitigation

Question 13

historical problems with security deposits

Answer 13

Many residential tenants would never
receive their deposits back
' The deposit would get caught up in the
landlord’s legal problems, particularly
bankruptcy
' The tenant would often default on the final
month’s rent, making the landlord use the
deposit for this purpose

Question 14

modern regulation of RESIDENTIAL sec deposits

Answer 14

• serious penalty fail to return (unless justified)
• held in escrow
• laws clarify if deposit can be used to pay last months rent