Tenants’ and LL’s Duties

Question 1

T’s duties to maintain premises and make routine repairs include ordinary wear and tear. T/F

Answer 1

False. Only those beyond ordinary wear and tear

Question 2

If T breaches and is out of possession, LL can: (acronym)

Answer 2

SIR

Surrender (end lease)
Ignore (do nothing and hold T liable for rent)
Relet (new lease and hold T liable for deficiency)

Must at least try to relet

Question 3

Breach by constructive eviction: acronym

Answer 3

SING

Substantial Interference (chronic or permanent problem
Notice to LL
Goodbye/Get out (T must vacate)

Question 4

Breach of implied warranty of habitability is assessed according to:

Answer 4

Local code and case law

Question 5

T’s options if L breaches habitability:

Answer 5

MRRR

Move (but doesn’t have to!)
Repair and deduct
Reduce or withhold rent
Remain and seek damages

Question 6

Exemptions from FHA (2)

Answer 6

Owner-occupied building with 4 or fewer units

Single-family homes if owner has no more than 3

Question 7

FHA and disabled tenants:

Answer 7

LL must allow disabled tenants to make reasonable accommodations to premises at tenant’s own expense…

But LL must also make reasonable acc in rules/policies/services to allow equal opportunity