Tenant’s Rights

Question 1

The covenant of quite enjoyment requires

Answer 1

Actions attributable to landlord resulting in breach of lease causing premises to be SUBSTANTIALLY UNSUITABLE for purposes of lease, or serious interference with benefit and enjoyment of the premises

Question 2

In order for a tenant to recover for breach of covenant of quite enjoyment, what must they do?

Answer 2

Give notice to landlord and chance to remedy. If landlord doesn’t remedy, tenant must move out within a reasonable time

Question 3

An illegal lease exists where

Answer 3

At the commencement of the lease, violation of housing code relating to health and safety conditions were known to exist by landlord or landlord had been given notice

Question 4

Effect of illegal lease

Answer 4

Lease is void

Question 5

What is the implied warranty of habitability?

Answer 5

Obligation of landlord to maintain premises throughout the lease term, and is implied regardless of whether tenant must maintain and repair. DOES NOT APPLY TO COMMERCIAL LEASES

Question 6

The implied warranty of habitability does not apply . . .

Answer 6

To commercial leases

Question 7

What must a tenant do to recover under the implied warranty of habitability?

Answer 7

Must give notice and reasonable opportunity to cure. Not required to vacate but may withhold rent. Use caution when doing so, though, as back rent may have to be paid.

Question 8

A retaliatory eviction is when . . .

And they are

Answer 8

Landlord seeks to terminate tenancy, increase rent, or decrease services after a good faith complaint or other action by tenant

Not allowed in a residential lease

Question 9

What are the landlord’s rights against the tenant?

Answer 9

Waste, both permissive and affirmative, are not permitted by the tenant and may create action