Rights and Obligations of Landlord & Tenant

Question 1

Implied Covenant of quiet enjoyment

Answer 1

The tenant’s right to exclude means that even the landlord does not have the right to enter the tenant’s property.

Question 2

Actual Eviction

Answer 2

When a tenant is physically excluded from the ENTIRE premises.

Question 3

Partial Eviction

Answer 3

When a tenant is physically excluded from SOME of the premises. (for ex: can’t go in the kitchen.)
- Remedy: same as actual eviction.

Question 4

Constructive Eviction

Answer 4

Landlord’s breach of a promise makes it impossible to enjoy the premises.
- Tenant is relieved of paying rent and the lease is terminated.
- Can be waived.

Question 5

BREACH analysis must have…

Answer 5

-Landlord MUST have breached a duty to the tenant.
-Substantially and materially deprived the tenant of her use and enjoyment of the premises.
- The tenant gave the landlord notice and a reasonable time to repair.
- After the reasonable time, the tenant vacated the premises because they must move out in order to recover.
- Landlords are not responsible for the acts of a third party but can be liable when they fail to act upon something that is within their control.

Question 6

Implied Warranty of Habitability

Answer 6

Cannot be waived, and applied to residential tenants only.

Question 7

Liability + proof for implied warranty of habitability

Answer 7

Conditions are not reasonably suited for human habitation, or there is a violation of a local housing code.

Question 8

Remedies (chosen by tenant)

Answer 8

• Remain in possession, pay full rent, and seek damages.
  -Move out and terminate the lease.
  -Make repairs and offset the costs against future rent obligations.
  -Reduce or abate rent to the amount equal to the fair rental value in view of the defects.(There is no requirement to move out to recover.)