Pg 25

Question 1

If eminent domain happens over the full leasehold, what are the duties of the tenant?

Answer 1

All duties are terminated. Tenant is allowed to share in the compensation award given to the landlord

Question 2

If eminent domain happens only for part of the leased premises, what are the tenant’s duties?

Answer 2

Tenant has a duty to pay abated pro rata but must continue to pay the rest. Entitled to a share of the condemnation award for part of the premises taken

Question 3

If a lease limits all permitted uses of the property to things that are forbidden by law, what happens?

Answer 3

The lease is void. But if only some of the uses are illegal, the lease is still valid

Question 4

What is the general rule about maintenance for landlords?

Answer 4

The landlord has no duty to repair or maintain the premises. If he knows about hidden or dangerous conditions at the time of leasing and he doesn’t tell the tenant, and the tenant is injured, he is liable

Question 5

What is involved in the fitness of premises for intended use?

Answer 5

– Traditional rules: caveat emptor, so there’s no implied warranty that the premises will be suitable for their intended use and no duties to make repairs.
– Statutory modification: housing code approach

Question 6

Covenants in a lease to repair and also to pay rent are considered to have what relationship to one another?

Answer 6

They are independent, so a tenant cannot withhold rent because the landlord breached

Question 7

What duties does the statutory housing code put on local administration agencies?

Answer 7

The duty to inspect periodically and to respond to the tenant’s complaints, then issue a violation notice, if there’s no correction, then to order vacation or demolition or criminal actions

Question 8

What are the structural elements of a property?

Answer 8

Walls, roof, floors, windows, stairs

Question 9

What are facilities involved in a leased property?

Answer 9

Toilets, sinks, heating, stoves, electrical, window screens, door locks

Question 10

What are services involved in a leased property?

Answer 10

Heat, hot or cold water, sewage disposal, electricity, elevator, air-conditioning, repair and maintenance

Question 11

What is involved in the implied warranty of habitability?

Answer 11

The landlord covenants at the inception of the lease that there are:
– No latent defects vital to the use of the premises,
– that the premises will remain in a useable condition during the entire term of the lease
– that the landlord will maintain facilities in a condition that renders the property livable
– the landlord will repair damage caused by ordinary wear and tear during the term

Question 12

If damage is caused to leased property by the malicious or abnormal use of the tenant, who is liable for it?

Answer 12

The tenant

Question 13

Does the implied warranty of habitability apply equally to commercial and residential leases?

Answer 13

No, the majority approach says it only applies to residential ones. Minority approach says it applies commercially

Question 14

Does the implied warranty of habitability cover both latent and patent defects?

Answer 14

Yes

Question 15

At what point has there been a breach of the implied warranty of habitability?

Answer 15

There is no breach until the landlord fails to make necessary repairs within a reasonable time after getting notice of the defective condition

Question 16

Is it possible to waive the implied warranty of habitability?

Answer 16

No, public policy says the tenant cannot waive this by paying the landlord a lower rent, etc.