LL/T Law Flashcards
What is the implied covenant of quiet enjoyment?
Every lease contains an implied covenant of quiet enjoyment stating that T’s use/enjoyment of a property will not be disturbed by LL or paramount title holder
When does constructive eviction occur?
LL breach of duty renders a premises unsuitable for occupancy
What elements must be met for T to have the right to terminate the lease based on constructive eviction?
There must be substantial interference (chronic problem due to LL breach), notice (LL was notified of the problem and failed to cure), and the tenant must vacate the premises within a reasonable time after LL fails to remediate.
What are T’s remedies when a breach of the implied warranty of habitability occurs?
T may terminate the lease, make reasonable repairs and deduct the cost, withhold rent partially or in full until LL repairs the defect, or pay full rent and seek money damages
What is the implied warranty of habitability?
Every RESIDENTIAL lease contains an implied warranty that the premises is fit for basic human habitation.
What are the exceptions to caveat lessee?
LL has duty of rez. care in maintaining common areas
LL has duty to warn T about latent defects which LL knew about/had reason to know about and has reason to know T would not discover through rez. inspection
LL has duty of rez. care where they assumed the duty to perform repairs
LL liable for defects in lease of premises for public use that they knew/had reason to know tenant would not repair due to short term nature of the lease
LL has an obligation to make premises safe in the short term lease of a furnished dwelling
What is the LL’s tort liability under modern statutes?
LL has duty of reasonable care as to residential tenants, is liable for negligence when they had notice of a defect and the opportunity to repair
What is the rule regarding trade fixtures?
A chattel attached to property for the purposes of a commercial tenant’s business is not a fixture, and may be removed if it is not integral to the property (removing would not cause substantial damage)
When must the removal of a chattel by a tenant take place?
By the end of the tenancy, or within a reasonable time if there is no end date
How is a tenancy for years created and terminated?
Tenancy for years is created when a lease specifies an end date (must be in writing if date is a year or more away), and terminates automatically on that date.
How is a periodic tenancy created?
By express language in the lease, or by implication where rent is paid at regular periodic intervals, an oral term of years fails, or a tenant wrongfully holds over.
What are the rules governing termination of a periodic tenancy?
LL/T must provide notice at least equal to the rental period (or six months for a yearly periodic tenancy), and the lease terminates at the end of the period.
What are a LL remedies when a tenant breaches duty to pay rent and is out of possession?
LL may terminate the lease, relet the premises on T’s behalf, or allow lease to continue/rent to accumulate.
Most jdx. require LL to attempt to relet premises to mitigate damages.
