Mid Term Flashcards
Applies only to the sale or rental of “dwellings”
It is unlawful to:
Refuse to sell or rent a dwelling to any person based on race, color, religion, sex, handicap, familial status, or national origin
Discriminate against any person in the terms and conditions of a sale or rental of a dwelling based on the protected categories
Make, publish or advertise any preference, limitation or discrimination based on the protected categories
Discriminate in the sale or rental because of a handicap of the buyer or tenant
Refuse to make reasonable modifications to the premises to accommodate a handicapped tenant
Fair Housing Act of 1968
FHA does not apply to any single-family house sold or rented by the owner provided the owner:
Does not hold title to more than 3 single-family houses, and
Does not use in any manner the rental facilities or rental services of a real estate broker
Exemptions under the FHA
Religious organizations
Dormitories, fraternities, and sororities
Senior housing
“Rooming houses”: rooms or units in dwellings which contain living quarters occupied or intended to be occupied by no more than 4 families living independently of each other, if the owner actually resides in one of the living quarters
exempt under the FHA
All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
Civil Rights Act
covers 7 types of discrimination but only applies to selling, renting, or advertising a dwelling
FHA
covers only racial discrimination but is not limited to dwellings
CRA
Fixed duration which is agreed upon in advance
Does not have to be for years; can be for a number of months
Once the term ends, the right of possession automatically terminates
Frequently used in commercial leases and residential leases
Tenancy for years (a/k/a term of years tenancy)
Automatically renewed for successive periods unless the landlord or tenant terminates by giving advance notice
State statutes govern how much notice must be given
Can be year-to-year, month-to-month, week-to-week
Frequently used in residential leases
Periodic tenancy
No fixed end
The tenancy continues until one party terminates
State statutes govern how much notice must be given; it is usually equal to the frequency of rent payments (monthly, yearly, etc.)
Automatically terminates upon either party’s death, tenant’s abandonment, or landlord’s sale of the property
Usually arises when there is no written lease
Tenancy at will
Label given to a holdover tenant who remains in the premises beyond the term of his lease
Created when a tenant who rightfully took possession of the premises continues beyond the term of his lease
State statutes govern how the estate is terminated and whether rent may be increased
Tenancy at sufferance
If a lease does not meet the criteria of a term of years or a periodic tenancy, and if the tenant is not a “holdover”, the lease MUST be a
Tenancy at will
T has sufficient legal and equitable remedies (T can sue to evict the former tenant)
LL should not be held accountable for the wrongful act of a third party
English rule might prevent LL from leasing the premises until the prior tenant has moved out
this would lead to increased rent to all tenants to account for the lost rent for the “downtime” between tenants
American Rule
Serves the reasonable expectations of the parties
LL is in a better position to know if the prior tenant is vacating on time
LL has access to the evidence needed to determine and prove that the prior tenant should be evicted
T bargained for space, not for a lawsuit to evict the prior tenant
If T has to evict the prior tenant, it is an increased cost to T that T did not factor into the amount T was willing to pay in rent
English Rule
If Prior Tenant Doesn’t Vacate
New tenant has the right to bring an eviction action against the prior tenant and to recover damages from the prior tenant
New tenant does not have a claim for damages against the landlord
American Rule
If Prior Tenant Doesn’t Vacate
New tenant may terminate the lease and sue the landlord for damages, OR
New tenant may affirm the lease, pay no rent until the premises are vacant, and sue the landlord for damages
English Rule
Depriving the tenant of even one inch of the premises constitutes a breach of the covenant of quiet enjoyment and relieves the tenant from all obligations to pay rent
Note that tenant will be liable in quasi-contract for the actual rental value of the premises if the tenant remains in possession
One Inch Rule
Partial Actual Eviction
Wrongful conduct by LL that substantially interferes with T’s use and enjoyment of the premises
Constructive Eviction
There must be substantial interference with the tenant’s use and enjoyment of the premises, and
The tenant must vacate the premises within a reasonable time
Constructive Eviction
The interference need not totally prevent use of the premises, but a minor interference is insufficient
The key is whether a reasonable person would see the interference as so serious that the leased premises cannot be used in a normal manner for the intended purpose
substantial interference
Traditional rule is that a landlord’s actual eviction of the tenant extinguishes the tenant’s entire liability for future rent, whether the eviction was total or partial
Actual Eviction
Tenant has a choice of remedies: terminate the lease, withhold rent, sue for damages, repair and deduct, injunction for repair
Implied Warranty of Habitability
Modern trend is to require compliance with local housing codes and the general standard of habitability
IWH
T must notify LL of the defects (preferably in writing)
T must allow LL a reasonable time to cure
Unlike constructive eviction, T is not required to vacate the premises
T has a choice of several remedies
To invoke the IWH
Tenant claiming a breach of the ________ __ ______ ________ must vacate the premises within a reasonable time
covenant of quiet enjoyment