Real Property

Question 1

Implied Covenant of Enjoyment

Answer 1

The landlord/titleholder will not interfere with the tenant’s quiet use/enjoyment of premises.

This can be breached by constructive eviction.

Question 2

Constructive Eviction

Answer 2

Occurs when landlord does an act or fails to provide some service that she had a legal duty to provide, rendering the property unsuitable for occupancy

A tenant can claim construction eviction if:
(1) the landlord, not neighbor or stranger, breaches a duty to the tenant
(2) the breach substantially and materially deprives the tenant of her use and enjoyment of the premises
(3) the tenant gives the landlord notice and a reasonable time to repair, and
(4) the tenant vacates the property within a reasonable time