Pg 26 Flashcards
Is it necessary under the implied warranty of habitability that the premises be maintained in a perfect condition?
No, minor violations and defects are OK. Just have to substantially comply with building and housing code standards
What are some conditions that would make a building uninhabitable for the implied warranty of habitability?
Lack of water (Hot/cold), extensive sewage leakage, structurally unsound conditions, any violations that involve health or safety, or not providing essentials or vital services such as hot water, heat, elevators in high-rises, etc.
When does the duty of implied warranty of habitability apply?
It continues for the duration of the leasehold
How much time is a landlord given to make a repair under the implied warranty of habitability?
A reasonable time
What is the URLTA?
Uniform residential landlord and tenant act
What type of leasehold does the URLTA apply to?
Residential premises
What does the URLTA say?
– Landlord must comply with building and housing codes
– landlords must maintain premises in a fit and habitable condition
– landlords can shift some repair duties to the tenant a written agreement
– landlords must give the premises in a suitable condition for the intended purpose when the term begins
– if the LL deliberately does things that are prohibited, the tenant can get actual damages +3 months rent and reasonable attorney fees as a penalty
Does the implied warranty of habitability apply to commercial tenants?
It doesn’t generally apply to them, but in the Davidow case they implied a warranty of SUITABILITY that the premises must be suitable for their intended purpose. This warrants at the inception of the lease that there are no latent defects in the facilities that are vital to the use of the premises for its intended purpose and the facilities will remain in a suitable condition
If you’re not sure if the implied warranty of habitability applies because you don’t know if it is a residential or commercial building, what should you consider?
If there are things you should expect in a residential space. No hot water is the best argument that it is commercial, because that is essential in a residential space
What is the remedy for a breach of the implied warranty of habitability?
The tenant must give notice to the landlord of the breach and a reasonable time period to remedy the issue. If the LL does not, the tenant can:
- use self-help to fix it himself and deduct the cost from rent
– move out and end the lease
– stay and sue for damages
- abate the rent in light of the fair rental value of the defective premises
Is it possible for the tenant to waive the implied warranty of habitability?
No, but there can be limited waiver of certain things
What are the things that can be included in a limited waiver of the implied warranty of habitability?
The tenant can waive the landlord’s duty to repair or provide services, but not code violations.
Any waiver must be express, in writing, and supported by consideration. The parties can agree to increase or decrease the landlord’s obligations or increase the remedies available to the tenant
What does the fair housing act say about selecting or removing tenants?
You cannot discriminate in the sale or rent of most housing on the grounds of: race, color, religion, sex, familial status, national original, or physical or mental handicaps that substantially limit one or more major life activities.
This can sometimes include: occupation, marital status, source of income, etc.
You just cannot be discriminatory in your purpose
Is it possible to have an adults only policy when renting a property?
You cannot refuse to accept tenants with minor kids or discourage them from applying. But age restrictions are OK for housing for older people
What are the two different ways that a tenant can transfer his estate in land or a lesser state carved out from it?
Through an assignment or sublease
