LL / Tenant Duties

Question 1

General Tenant Duties

Answer 1

Pay rent

Maintain premises

Other duties and obligations

• common law: nothing
• lease: explicitly stated (occupants, pets, waterbeds, noise, etc)

Question 2

LL remedies if T stops paying rent

Answer 2

• Lease remedy
 - Provision for late charges
 - Rent acceleration
 - Retention of security deposit
• Sue for rent
• Sue for damages
• Sue for specific performance
• Eviction - only if LL is entitled to right of possession
• Common law: distress for rent

Question 3

Types of Eviction

Answer 3

Self-help - LL is entitled to use reasonable force to out T himself, depends on jurisdiction

Ejectment - action or process of eviction

Summary proceeding - judicial proceeding. Limits LL to possession

Question 4

• LL may retake leased premises without incurring liability for wrongful eviction if?

Answer 4

• LL is legally entitled to possession, when a tenant holds over or tenant breaches a lease with re-entry clause, AND
• LL means of re-entry are peaceable
• if either isn’t met, lessee can recover for wrongful eviction
• Courts do not favor “self-help” – prefer legal remedies

Question 5

Definition of abandonment

Answer 5

T moves out before end of lease and stops paying rent

Question 6

LL remedies if T moves out before end of lease and stops paying rent

Answer 6

• Do nothing until the end of the term
• Then sue for
• All the rent due
• Damages (interest, other lease breaches, rent/FMV differential)
• Terminate the tenancy/accept surrender of the premises and re-let to a new T
• Then sue for
• The rent due until termination/surrender
• Damages (as above + cost of re-letting)
• Re-let the premises on the tenant’s behalf (LL acts as T’s agent – tenancy has not been terminated)
• Then sue for
• Any unpaid rent
• Damages (as above + cost of re-letting)

Question 7

Does LL need to take steps to mitigate damages, if so, what?

Answer 7

Yes - they must make a reasonable effort to find new tenants and re-let the premises

For a lot of states, LL cant do nothing and sue T for all damages

Question 8

Classic LL duties

Answer 8

Deliver possession (US rule - legal)

Covenant of quiet enjoyment

Question 9

First wave additions of LL duties (Korean double missile can attack america)

Answer 9

• Keep premises habitable
• Disclose latent defects
• Maintain common areas
• Carefully repair
• Avoid fraudulent misrepresentations
• Abate immoral conduct/other nuisances

Question 10

Definition of Implied Warranty of Habitability

Answer 10

Requires that rental premises be offered and maintained in a physical condition that provides safe, habitable housing. Also consistent with forcing LL to comply with building standards

Question 11

T remedies upon breach of Implied Warranty of Habitability

Answer 11

Rescission and termination

Damages

Rent abatement

Repair and deduct

Defense to eviction

Question 12

What is the status of retaliatory eviction?

Answer 12

Prohibited!!

Judicial doctrine + statutory/ordinance