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A - Property 2 > LL/T Week 3 (Class 9/6/24) > Flashcards

LL/T Week 3 (Class 9/6/24) Flashcards

1
Q

Areas that at common law were exceptions where the landlord had responsibilities for certain things:
1. ?
2.
3.
4.
5.
6.

A
  1. short term leases for furnished premises.
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2
Q

Areas that at common law were exceptions where the landlord had responsibilities for certain things:
1.
2. ?
3.
4.
5.
6.

A
  1. LL had a duty to disclose latent defects
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3
Q

Areas that at common law were exceptions where the landlord had responsibilities for certain things:
1.
2.
3. ?
4.
5.
6.

A
  1. Common Area Maintenance
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4
Q

Areas that at common law were exceptions where the landlord had responsibilities for certain things:
1.
2.
3.
4. ?
5.
6.

A
  1. They had to undertake any maintenance that was promised or volunteered by them.
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5
Q

Areas that at common law were exceptions where the landlord had responsibilities for certain things:
1.
2.
3.
4.
5. ?
6.

A
  1. They had to abstain from fraudulent misrepresentations
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6
Q

Areas that at common law were exceptions where the landlord had responsibilities for certain things:
1.
2.
3.
4.
5.
6. ?

A
  1. Some states they had to abate immoral conduct affecting the leased premises.
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7
Q

Areas that at common law were exceptions where the landlord had responsibilities for certain things:
1.
2.
3.
4.
5.
6.

A
  1. Short term leases for furnished premises.
  2. LL had a duty to disclose latent defects
  3. Common area maintenance
  4. They had to undertake any maintenance that was promised or volunteered by them.
  5. They had to abstain from fraudulent misrepresentations.
  6. some states they had to abate immoral conduct affecting the leased premises.
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8
Q

Is it constructive eviction if Tenant claims constructive eviction due to landlord not controlling noisy neighbors who also rent from the same landlord?

Assuming all the things, tenant provides notice to the LL, T provides LL a reasonable opportunity to cure, and tenant leaves within a reasonable time after finding out the LL can’t cure. Can noisy neighbors be a condition that is so terrible that you would have a basis to claim that you have been constructively evicted?
A. yes
B. no

A

A. Yes

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9
Q

Can noisy neighbors be a constructive eviction?

A

Yes

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10
Q

Example: complained to management. Neighbors got a dog, but my neighbors were gone 12-14 hours a day. The dog wanted to be let out and when the dog heard me get home the dog barked non-stop from when I got home until they got home. Violent against the people who wake your kid up. The dog was excellent at making my life miserable. It would bark from 6-midnight every night. Hard to get the kid asleep. Management finally figured out how to not have the dog bark. Because it was within the LL’s control. True!!

A

!!

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11
Q

COVENANT OF QUIET ENJOYMENT CONSTRUCTIVE EVICTION
Problems: Is it a constructive eviction if…?

Secondhand smoke is seeping into T’s unit?
The LL owns T’s unit and the one next door where the smoke is coming from. Is the secondhand smoke creeping into your apartment could be constructive eviction?

A

In some places 2nd hand smoke, it is constructive eviction and some places it is not. Depends on where you are and what the circumstances are.

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12
Q

EX. Apartment complex across the street from law school. 2 guys lived next to me, and they were very relaxed. One was in law school, and one was in engineering school. I was broke, and I was stalking the mailbox waiting on a check from my mom. Mailman was nice but he come into the building at 2 but I didn’t have any mail. I didn’t get mail until 4. I smelled the herbal remedies coming from my neighbor. 2nd hand smoke coming through the door. I didn’t leave so I was not constructively evicted but I would have a good case. !!

A

!!

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13
Q

COVENANT OF QUIET ENJOYMENT CONSTRUCTIVE EVICTION
Problems: Is it a constructive eviction if…?

Vandalism on property where the landlord tries to remedy the problem with new locks and security guards?

A

No, because the LL took steps to remedy the issue.

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14
Q

COVENANT OF QUIET ENJOYMENT CONSTRUCTIVE EVICTION
Problems: Is it a constructive eviction if…?

Abortionist harassed by protestors in parking lot; he complains to landlord; landlord does nothing?

I can’t get access in and out of the building to go to work and I need access to the front door. The Dr. says to the police, can you make the people leave. If the LL says for us to make the people move, we will make the people move. LL’s lease with the Dr. said that the LL would provide security and access, but the LL didn’t ask the police to make a path, is this constructive eviction?

A

Based on a real scenario and found to be constructive eviction. Tenant was supposed to have access to the property. The Tenant couldn’t get in and it was within the LL’s power to give them access because the police would have acted at the direction of the LL and the LL didn’t make them. That one was constructive eviction.

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15
Q

Example: when I first got divorced, I moved into a 2-bedroom apartment and my car got broken into. It took 3 months to get my car fixed. I made a police report and went to the office and said it would be nice if it was more illuminated maybe they wanted to have taken the time to rip my dashboard out. I decided I wanted to move to a townhouse. I have a carport but no lightbulbs in the carport spot. My car gets broken into again. Thinking about the LL’s liability and I say this is not going to work and they put the brightest lightbulbs that I have ever seen. One aimed at the car, the other aimed in the window. They had to take steps to replace the lightbulbs and that was enough. Not constructive eviction. !!

A

!!

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16
Q

Background: Trilogy of cases in D.C. Circuit, 1968-1972

  • ______ _______(1968)
  • _________ _______ _____ _______ (1970)
  • _________ ________ (1972)
A
  • Illegal Lease
  • Implied Warranty of Habitability
  • Retaliatory eviction
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17
Q

An ______ ________ made in violation of a statutory prohibition designed for police or regulatory purposes is VOID and CONFERRES NO RIGHT UPON THE WRONGDOER.

A

illegal contract

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18
Q

An illegal contract made in violation of a statutory prohibition designed for police or regulatory purposes is _______ and ________ NO RIGHT UPON THE WRONGDOER.

A

VOID and CONFERS

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19
Q

An illegal contract made in violation of a statutory prohibition designed for police or regulatory purposes is ________ and _________ _______ _________ _______ _______ __________.

A

VOID and CONFERS NO RIGHT UPON THE WRONGDOER.

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20
Q

An _____ ________ is void and confers no right upon the wrongdoer.

A

illegal contract

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21
Q

________ ______ _______ that existed before she moved in made this an illegal contract and now the LL can’t get rent

A

Housing Code Violations

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22
Q

________ ______ _______ affecting health and safety if they exist at the beginning of the lease make that lease illegal and the LL can’t get rent until they fix it.

A

Housing code violations

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23
Q

Housing code violations _______ _______ and _______ if they exist at the beginning of the lease make that lease illegal and the LL can’t get rent until they fix it.

A

affecting health and safety

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24
Q

Housing code violations affecting health and safety if they________ at the __________ of the ____ make that lease illegal and the LL can’t get rent until they fix it.

A

Exist

beginning

lease

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25
Q

Housing code violations affecting health and safety if they exist at the beginning of the lease make that______ _______ and the LL can’t get rent until they fix it.

A

lease illegal

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26
Q

Housing code violations affecting health and safety if they exist at the beginning of the lease make that lease illegal and the LL can’t get _____ until they ___ _____.

A

rent
fix it

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27
Q

Landlord has an implied duty to maintain and repair the premises.
A. True
B. False

A

A. true

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28
Q

Obligation of the landlord to maintain the conditions of the premises throughout the lease term.

A

IMPLIED WARRANTY OF HABITABILITY

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29
Q

A revolution in Landlord/ Tenant law.

A

IMPLIED WARRANTY OF HABITABILITY

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30
Q

The ______ ______ ______ was a big deal because it said that the LL had an obligation to maintain and repair the property throughout the lease.

A

implied warranty of habitability

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31
Q

THE _____ _______ _____ ________ doesn’t apply to businesses it applies to residences.

A

IMPLIED WARRANTY OF HABITABILITY

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32
Q

THE IMPLIED WARRANTY OF HABITABILIY doesn’t apply to _________ it applies to ________.

A

businesses

residences

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33
Q

I have been known to create really tricky fact patterns that make you feel like the
LL is a jerk and poor tenant and yet there is no IWH because the tenant is a business.
!!

A

!!

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34
Q

IF you are representing a tenant who asserts breach of IWH you should caution them that they should not take their money and go to the Lilly sale or the horse track they should save their rent money because what is likely to happen is the court may determine that the T was incorrect in which case the T will owe the ______ to the LL. Important for the T to set aside that rent money if they choose not to send it to the LL and they feel like they have a good implied warranty of habitability case, that’s fine. But, they shouldn’t go spend it on something frivolous.

A

rent

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35
Q

The ______ is in the best position to maintain and repair the premises.

A

landlord

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36
Q

Irrespective of what the lease says there is an ______ ______ _____ ________ on the apart of the LL if things get bad, even if the bad doesn’t start until you move in, the tenant has recourse, and the recourse is to withhold rent and to remain on the premises. That is a good motivator to get the LL to fix stuff.

A

implied warranty of habitability

37
Q

Irrespective of what the lease says there is an implied warranty of habitability on the apart of the LL if things get bad, even if the bad doesn’t start until you move in, the tenant has recourse, and the recourse is to ______ _______ and to ____ _____ ____ ____. That is a good motivator to get the LL to fix stuff.

A

withhold rent

remain on the premises

38
Q

_______ not required if problem is caused by affirmative actions of landlord, or landlord has actual knowledge of breach of warranty.

A

notice

39
Q

Notice ____ ________ if problem is caused by affirmative actions of landlord, or landlord has actual knowledge of ____ _____ _____

A

not required

breach of warranty

40
Q

Notice not required if problem is caused by _______ _________ of landlord, or landlord has _____ __________ of breach of warranty.

A

affirmative actions

actual knowledge

41
Q

Notice not required if problem is caused by affirmative actions of landlord, or landlord has actual knowledge of breach of warranty.

Otherwise, the tenant must give ____ _____ _____ ________ to the landlord and allow a reasonable opportunity for cure.

A

notice of the breach

42
Q

Notice not required if problem is caused by affirmative actions of landlord, or landlord has actual knowledge of breach of warranty.

Otherwise, the tenant must give notice of the breach to the landlord and _____ ____ _____ _______ _____ ________.

A

allow a reasonable opportunity for cure.

43
Q

The obligation of landlord to ______ and ________ is implied, and there is no need to have the obligation set forth in the lease.

A

repair and maintain

44
Q

The obligation of landlord to repair and maintain is ________, and there is no need to have the obligation set forth in the lease.

A

implied

45
Q

Standard for determining whether a breach has occurred:
Habitability in the eyes of a reasonable person.
With
_____ ______ _______ _______ is the ________.

A

safe and healthy housing

objective

46
Q

Standard for determining whether a breach has occurred:

________ ___ ___ _____ ___ ____ ______ _____
With
Safe and healthy housing is the objective.

A

Habitability in the eyes of a reasonable person

47
Q

The obligation of landlord to repair and maintain is implied, and there is no need to have the obligation set forth in the lease.

In the event of landlord’s breach, the tenant is not required to ____ _____ ______ – may withhold rent and ___ ___ __ _____ (can’t be evicted).

A

vacate the premises

remain on the premises

48
Q

Generally, T’s cannot waive the IWH but a few jurisdictions will permit knowing waiver if bargaining power is the same. Almost never is their equal bargaining power between a LL and T. It is rare for a T to be able to waive this. true or false.

A

True

49
Q

Does it mean that HCV are a guaranteed breach, not always. Housing Code Provisions are _________ but not ________.

A

compelling

conclusive

50
Q

Example: bought a house where the door from the garage into the house had a gap. Three stairs to get up was a 1 foot. When I had the home inspected. My home inspector was like technically this is a housing code violations and there is no railing. However, I am not going to tell you not to buy this house because the three stairs added up getting into the house with no railing is really slim. If that was to be the HCV, I don’t think I could argue breach of IWH because it is not a health and safety issue. !!

A

!!

51
Q

Insufficient ceiling height

A

health and safety code violations

52
Q

10 or 12 stairs going down and a broken railing

A

health and safety code violations

53
Q

toilet that doesn’t work

A

health and safety code violations

54
Q

Caution to the tenant who withholds rent and remains on the premises:
* The court may determine that there was only a abatement of rent based upon the extent of breach, or may determine that there was no breach at all.
* In either case, the tenant is going to ___ _______ ______.

A

owe back rent

55
Q

Caution to the tenant who withholds rent and remains on the premises:

The court may determine that there was only a ____ _____ ___ based upon the extent of breach, or may determine that there was ___ _______ at all.

In either case, the tenant is going to owe back rent!

A

abatement of rent

no breach

56
Q

Landlord’s implied duty to maintain and repair the premises is called:
A. Illegal Lease
B. Covenant of Quiet Enjoyment
C. Constructive Eviction
D. Implied Warranty of Habitability

A

D. Implied Warranty of Habitability

57
Q

a) L owns high rise. Maintenance/Janitorial Staff goes on strike. Garbage piles up. Noxious odors and rats cause City to declare it a health emergency. Has L breached the IWH?

A

Yes, reasonable person would be worried about their health and safety. This would be a breach; LL is not required to ensure that the premises are perfect or astatically pleasing but it was a health and safety issue so it.

58
Q

b) L offers small dumpy house for $100/ mo. T says that there is a lot wrong w/ the house, but she’ll take it “as is” for $50/mo. L agrees, then T fails to pay any rent. Can T assert IWH as a defense?

A

The T can still complain a LL cannot nullify the IWH by taking less rent for the premises. T can assert the breach.

59
Q

T leases a fancy apartment in an Upper East Side Manhattan building. State law says leased premises have to be safe, healthy, and in “accord with the uses intended by the parties.” T’s lease provides for a gym, pool, doorman, elevator, etc. T pays a lot of rent. Does quoted language mean that IWH now encompasses the amenities that T expected because of his lease terms?

A

These aren’t health and safety things and the IWH can’t be used because it is only health and safety.

60
Q

Most jurisdictions today forbid it.

A

retaliatory eviction

61
Q

Usually only applies to residential spaces – not commercial.

A

retaliatory eviction

62
Q

Rebuttable presumption exists that retaliatory purpose is present where LL seeks to terminate tenancy, increase rent, or decrease services w/in some given period after a good faith complaint or other action by T based on the condition of the premises.

A

Retaliatory Eviction

63
Q

________ ________ exists that retaliatory purpose is present where LL seeks to terminate tenancy, increase rent, or decrease services w/in some given period after a good faith complaint or other action by T based on the condition of the premises.

A

rebuttable presumption

64
Q

Applies to residential and not commercial.

A

Retaliatory Eviction

65
Q

What do you think it involves? When might the LL engage in a retaliatory eviction?

A

T tells the LL there is a problem, LL doesn’t fix the problem and T stops paying rent because it is a big problem and LL is not fixing it, maybe we even go to court and the court says it is a breach of IWH you don’t have to pay until they fix it or conversely it could be an illegal lease, HCV at the start of the lease. Conditions are bad and a violation of health and safety rules. Instead of LL fixing it, the LL goes to court and files a 30-day notice to quit the premises, you cause problems, and you don’t pay, I am kicking you out.

66
Q

Applies to residential and not commercial.
DON’T GET TRICKED if it is a business. !!

A

!!

67
Q

Tell the LL there is mold, and they say get out. If that happens within a _____ _____ ______that is retaliatory eviction. The LL can say it is not, but the court begins by presuming that it is.

A

specified time period

68
Q

Time period depends on the jurisdiction. If it happens fast after the T has complained, fast is defined up to 90 days and other 180 days. If you’re between __ to ____ days depending on the jurisdiction the presumption, is you filed a good faith complaint about the condition of the premises and the LL is trying to kick you out or penalize you or raise rent, you are suffering from _______ ________.

A

0 -180

retaliatory eviction

69
Q

If L is unable to repair the premises (i.e., financially), he has a legitimate business justification for taking the unit off the market; but, if L is able but unwilling to repair, the court will deem this to represent an act of making premises uninhabitable, hence constructively depriving the tenant of possession.

A

True

70
Q

If a LL is free to evict or harass a T who successfully exercises their rights, few T’s will use the remedies available to them for fear of being put out on the street.

A

True

71
Q

Generally speaking, LL has taken action to evict the tenant within 0-180 days depending on the jurisdiction, then the LL is presumed to have retailed against the tenant and that won’t work. True or False.

A

True

72
Q

LANDLORD TORT LIABILITY – COMMON LAW [for injuries to tenant and 3rd parties]

Common Law held Landlords liable for Tenant injuries (and maybe those of 3rd parties) only when the Landlord negligently breached the limited duties that arise from a handful of exceptions. See below:
1.
2.
3.

A
  1. Public Use Exception
  2. Latent Defect Exception
  3. Common Area Exception
73
Q

Allowed a customer of the T to sue the LL when the LL had leased to the tenant premises which were for a use open to the public. Defect would have to exist at the outset of the lease and LL either knew or should have known about the defect and it is the kind of problem that the LL wouldn’t expect the T to handle. Stadiums, Amusement parks, hotels, lecture halls, stores, restaurants, professional officers,

A

Public Use Exception

74
Q

The LL is responsible for hidden defects but if it is open and obvious it is not the responsibility of the LL. Latent is known to the LL but the T doesn’t know about. Concealed defect.

A

Latent Defect Exception

75
Q

The liability of the LL will depend upon their negligence in the common area hallways, stairways, walkways, driveways, entrances, laundry room, etc. The LL has liability for things that happen in the common area to the extent of their negligence

A

Common Area Exception

76
Q

LANDLORD TORT LIABILITY – COMMON LAW
Problems:
1) Kid gets hit in apartment building parking lot; landlord had notice of speeding problem but didn’t put in speed bumps or anything. Is L liable?

A

Assuming parking lot also belongs to the LL. Yes, exception is common area.

77
Q

2) If kid gets hit in street, off L’s property, is L liable?

A

LL not liable then they just have the duty to do what a reasonably prudent person would do. The LL could put a children at play sign or a provision in the lease that warns people to take precautions because it is a busy street.

78
Q

3) Tenants attacked in parking garage adjacent to premises owned by L. Is L liable?

A

Attached to the building. Does the LL have a duty to protect you from the criminal acts of 3rd parties, they don’t but they do have a duty of reasonable care.
What might be a good idea for the parking garage? Reasonable care: brighter lights, install gate, hire security guard, put cameras up. There are things that they could reasonably do. The LL if they take it upon themselves to do something they have to do it right.

79
Q

Example: security guard fell asleep, and head landed on the button, and anybody could get in and out. Could argue they didn’t fulfill their duty. !!

A

!!

80
Q

normal wear and tear is not ______.

A

waste

81
Q

Tenant fails to do something he should do.

A

permissive waste

82
Q

permissive waste

A

tenant fails to do something he should do.

83
Q

tenant does something to cause waste.

A

affirmative waste

84
Q

affirmative waste

A

tenant does something to cause waste

85
Q

something that is personal property that is permanently fixed to the real estate; goes with the real property. removal of a fixture without permission of the landlord, that is ______ _____.

A

affirmative waste

86
Q

toilet overflows you should call maintenance you shouldn’t let the apartment flood. It might not be your fault, but it is your fault if you don’t tell them to fix it.

A

Permissive waste

87
Q

mad and punch a hole in the wall.

A

affirmative waste

88
Q

Fixtures – if you remove a fixture without permission, it is affirmative waste. If you remove a light fixture, you need the LL’s approval.

A

affirmative waste

A - Property 2 (33 decks)

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