Pr2

Question 1

T’s liability to 3Ps :

Answer 1

as a matter of TORT law:
1) T is responsible for keeping the premises in reasonably good REPAIR.
2) T is LIABLE FOR INJURIES sustained by 3P invited by T, even if L promised to make ALL repairs
(T loses against invitees).

Question 2

1) Duty to REPAIR. If the LEASE is SILENT: …:

2) What if premises are DESTROYED?

Answer 2

1) T must MAINTAIN the premises & make ORDIN. REPAIRS +NOT commit Waste.
2) CL: T is RESPONSIBLE for any LOSS to premises (even by a FORCE of Nature).
TODAY: T can Terminate the Lease if the premises are DESTROYED w/o T’s fault.

Question 3

T who REMOVES a FIXTURE …:

Answer 3

commits VOLUNTARY WASTE.
Annexed PERS. Pr becomes a Fixture & PASSES to LO IF:
ANNEXOR’s obj. INT. is to
PERMAN. IMPROVE the premises.
CA: BEFORE the lease ends:
a) T may remove his annexed Pers. Pr (even fixture!), UNLESS it would cause SUBST. HARM to premises.
b) TRADE Fixtures: REMOVABLE, but T pays any DMG

Question 4

T BREACHES duty to pay Rent 
& IS IN POSSESSION +CA:
[Cf. Duty is Suspended IFF:
1) Pr Destroyed (w/o T's fault)
2) LL evicts T (compl. /partial).
3) LL MAT. breaches the lease (IWH / IWQ)]

Answer 4

L’s only options:
1) EVICT 2) continue the relationship & SUE for rent due
If (1), L is still entitled to rent until (now holdover) T vacates.
CA: L may NOT engage in SELF-HELP b/c CIVIL & CRIM. punishable [L can’t change Locks /move T(‘s stuff)].

Question 5

T BREACHES duty to pay Rent,

BUT IS ooPOSSESSION +CA:

Answer 5

[T ooP=> S I R]
1) Treat abandonm. as implicit OFFER of SURRENDER of the lease, which L accepts.
CA: if UNexpired term >1yr+,
Surr. must be WRITTEN (SOF).
2) IGNORE: T’s aband. & hold T liable for unpaid rent (MIN.)
3) RE-LET: premises on wrongdoer T’s behalf +hold T liable for any deficiency (MAJ.:+L must at least TRY to re-let =mitigate)

Question 6

T’s duty to pay Rent: FRUSTRATION OF PURPOSE:

Answer 6

is typically NOT GROUNDS for a TERMINATION of a lease.

Question 7

Landlord’s Duties [LIST]:

Answer 7

1) Duty to deliver POSSESSION
2) Impl.COVENANTof QUIET Enjoyment
3) Impl.WARRANTY of HABITABILITY
4) No RETALIATORY eviction

Question 8

Landlord’s Duty to deliver possession:

Answer 8

1) ENGLISH RULE (MAJ.):
L must deliver ACTUAL POSSESSION of the premises to T. => If there’s a holdover T, L is liable for DMG for breach.

2) AMERICAN RULE (MIN.):
L has NO duty to deliver ACTUAL poss. to T.

Question 9

L’s implied Covenant of Quiet Enjoyment:
Residential & Commercial leases!

Cf. OTHER TENANTS’ ACTS:
GR: L is NOT liable.
CA: But has a duty to not PERMIT NUISANCE by other Ts.

Answer 9

T has a right to QUIET USE & ENJOYM. of premises w/o Ls’ interf. BREACH by:

1) ACTUAL wrongf. Eviction [excl.]
2) *CONSTR. EVICTION:
a) premise UNUSABLE 4INT’d Purp.
b) NOTIFY L, who
c) FAILS 2correct [every time it rains]
d) +T VACATES w/in reas. time after L’s opportunity to fix!

Question 10

[T has no heat /running H2O]

LL’s has a Duty of Implied Warranty of Habitability. T has a NON-WAIVABLE right that …+Breach:

Failure to comply w/ local housing code =breach

Answer 10

RESIDENTIAL premises are FIT for BASIC Human HABITATION [Health & Safety=> M RRR].
If LL breaches IWH, T can :
1) MOVE out: & Terminate lease.
2) REPAIR & Deduct: cost from future rent
3) REDUCE /Withhold RENT
4) REMAIN in possession: 
& Sue for DMG. but pay rent 
[=> need not vacate]

Question 11

RETALIATORY EVICTION

Answer 11

If T lawfully REPORTS L for HOUSING code violations, L may not PENALIZE T (by:

1) raising RENT,
2) TERMINATING the lease, or
3) HARASSING the T in any way.)

Question 12

ASSIGNMENT vs. Sublease & Prior written approval:
+ CA: Once L consents to…:

[A Non-ASSsignment clause does NOT prevent SUBLETTING & vice versa.]

Answer 12

absent a lease PROHIBITION,
[=not considered a restr. on alien.]
T is free to transfer his INTEREST in WHOLE (ASS.) or in PART (SUBL.).
L can make Prior Written Approval a condition for valid Ass. / Subl.
CA: Once L consents to 1 Transfer by T, L WAIVES the right to obj. to Future transfers by T’s T’ees.
CCA: L expressly reserved a right

Question 13

Assignment

Answer 13

=> L is now in PRIVITY of ESTATE w/ T2 & in privity of K. w/ T1 (=still liable 4 rent! CA: Novation).

1) L&T2: liable for all Covenants in ORIG. LEASE that RUN [even T2 didn’t assume the Promise to Repair/Pay$. CA: Pay Utilities /Assigns to T3].
2) L&T2 are NOT in PRIVITY of K. [unless T2 expr. assumed orig. lease]
3) T1 remains Secondarily LIABLE to LL

Question 14

Sublease

Answer 14

if T transfers LESS than his entire interest to a SUBLESSEE:

=> L & S are NEITHER in privity of estate
NOR in privity of K.

S & T are liable to each other.

Question 15

Landlord’s Tort Liability Caveat lessee - L under no duty to make premises safe.
5 EXC. (LIST):

Answer 15

1. COMMON Areas.
2. LATENT Defects rule
3. Assumption of REPAIRS
4. PUBLIC use rule
5. SHORT-term lease of furnished dwelling.

[C L A P S]

Question 16

C L A P S: (Details) L is liable for any defect which harms T if L fails to:

Answer 16

1) maintain all COMMON AREAS
2) warn T of HIDDEN DEFECTS he (should have) known
3) If L vol. MAKES REPAIRS must do so w/ reas. care
4) If L leases PUBLIC space &
5) L should know that b/c of the
NATURE of the Defect /LENGTH of lease, T won’t repair.

Question 17

PERIODIC Tenancy. Creation & Termination:

[Cf. T4years terminates at the end of the term w/o notice by either party.]

Answer 17

1) AUTOM. RENEWS at the end of each period.
2) INTENT to CREATE can be expr. or implied [from paying rent]
3) Terminates upon NOTICE
before the 1st day
of the LAST period.
CA: 6mth if Year-to-Year.
[CCA: DEATH of either party: does NOT terminate a PT
(like T4years, UNlike T@will).