Real Property: Landlord-Tenants: Landlord's duties
Landlord’s Duties - Duty to deliver possession – (majority-English rule) requires that L put T in physical possession of the premises. Thus, if at the start of T’s lease a prior holdover T is still in possession, L has breached and the new T gets damages.
- American rule (minority) does not require L to put T in physical possession—it only requires L provides T legal possession.
- Implied covenant of quiet enjoyment: RESIDENTIAL and COMMERCIAL leases
- --T has a right to quiet use and enjoyment of premises without interference from L.
- Breach by actual wrongful eviction: when L wrongfully evicts or excludes T from premises.
- Breach by constructive eviction: DIDO example. If every time it rains, Dido’s apartment floods, she has a claim for constructive eviction if 3 elements are met. (SING)
- Substantial Interference – a chronic problem due to L’s actions or failure to act.
- Notice – T must notify L of the problem. L must fail to act meaningfully
- Goodbye – T must vacate within a reasonable time after L fails to fix the problem.
- Landlord is generally not liable for the acts of other tenants, except:
- L must not permit a nuisance on the premises
- L must control common areas.
- **Implied warranty of habitability: Applies only to RESIDENTIAL leases – NON-waivable.
- Standard: Premises must be fit for basic habitation. Are bare living requirements met? Standard supplied in either local housing code or independent court conclusion.
- Problems to trigger implied breach of habitability include: no heat in winter, no running water, no plumbing.
- T’s entitlements when implied warranty of habitability breached: MR3 (move, repair, reduce, remain)
- Move out and end lease
- Repair & deduct – T may make the reasonable repairs and deduct their cost from future rent.
- Reduce rent – or withhold all rent until the court determines fair rental value. T must place withheld rent into escrow to show her good faith
- Remain in possession – pay rent, and affirmatively seek money damages.
- Retaliatory eviction prohibited. If T lawfully reports L for housing code violations, L is barred from penalizing T, by, for example, raising rent or ending the lease or harassing T à no taking of any reprisals.