LL-T Law - Possession and Rent

Question 1

What is the duty to pay rent?

Answer 1

The tenant has a contractual duty to pay rent to the landlord in exchange for his possessory interest in the landlord’s property. If the tenant fails to pay rent, the landlord may evict the tenant or sue the tenant for breach of contract.

Question 2

When is a tenant not obligated to pay rent?

Answer 2

There are three main situations where the duty to pay rent is suspended:

1. The premises are destroyed (so long as the tenant did not cause the damage);
2. The landlord completely or partially evicts the tenant;

OR

3. The landlord materially breaches on the lease (e.g., violates the implied warranty of habitability).

Question 3

What is the warrant of habitability?

Answer 3

A warranty of habitability is implied in every residential lease (NOT commercial leases). The implied warranty of habitability requires landlords to maintain their property such that it is reasonably suitable for basic human needs (failure to comply with applicable housing codes constitutes a breach). The tenant CANNOT waive habitability protection.

Question 4

What may the tenant do if the landlord breaches the warranty of habitability?

Answer 4

1. Vacate the premises and terminate the lease;
   Note that the tenant is NOT required to vacate the premises.
2. Withhold or reduce the rent;
   If the tenant chooses to withhold rent, the tenant must first notify the landlord of the problem and give the landlord a reasonable opportunity to correct the problem.
3. Remedy the defect and offset the costs against the rent;

OR

4. Defend against eviction.

Question 5

What is the implied covenant of quiet enjoyment?

Answer 5

Every lease (commercial and residential) includes an implied covenant of quiet enjoyment, which prevents the landlord from taking action that makes the premises wholly or substantially unsuitable for their intended purposes resulting in the constructive eviction of the tenant.

Question 6

What is a constructive eviction?

Answer 6

The implied covenant of quiet enjoyment is breached (tenant may withhold rent or seek damages) if the tenant is constructively evicted. A constructive eviction occurs if the:

1. Landlord caused the premises to be unsuitable for their intended purposes;
2. Tenant notified the landlord of the problem;
3. Landlord did NOT correct the problem;

AND

4. Tenant vacates the premises after a reasonable amount of time passed.