Landlord/tenant Laws

Front 1

Covenant of Quiet Enjoyment

Back 1

If an act or omission by the lessor materially deprives the lessee of the beneficial use or enjoyment of the lease property (Village Commons). Look @ housing code, affirmative actions to kick T out

Commercial/Residential

Remedies: Constructive eviction when violation is substantial. T must vacate within reasonable time.

Front 2

Implied Right of Habitability

Back 2

Safe, clean and fit for human habitation (Hilder v. St. Peter)

Residential only.

Remedies: (1) damages (2) rescind K (3) stay & pay no rent; forcing L to sue (4) Fix & deduct (5) Reform K

Front 3

What options does L have for tenancy at sufferance?

Back 3

(1) Eviction

(2) New periodic lease (year to year)

(3) Renewal of lease for 1 year

(4) Renewal of lease for period of rent payments

(5) Tenancy at will

(6) Double/Triple the rent

(7) CA: month to month

Front 4

What options does L if tenant breached but doesn't leave?

Back 4

(1) Sue for damages

(2) Eviction--self help or summary evictions

(3) Security deposit

Front 5

What options does L have if T vacates?

Back 5

(1) Sue for damages

(2) Accept surrender of premises and re-lease

(3) Let premises stay vacant and sue for back rent

(4) Seek new tenants & mitigate damages

(5) Security deposit

Front 6

Berg v. Wiley

Back 6

Eviction. Tenant violated terms of lease – remodel withoutvpermission, operating while in violation of health code. Landlordvchanged locks and took possession. Tenant had not abandoned or surrendered. Landlord’s self help = wrongful eviction

Front 7

Eviction

Back 7

CL: landlord may retake where tenant breaches a lease containing a reentry clause and where means of re-entry are peaceable.

Majority view / CA view: Must use judicial process, self help not allowed when tenant has not abandoned or surrendered the premises; Landlord’s resort to self-help = wrongful eviction.

Front 8

Suing for damages/back rent

Back 8

Modern law: obligation to re-let the premises, mitigate the damage of abandonment/vacancy. Assume landlord is not a lost-volume seller, if a unit is abandoned and they re-rent it, this subtracts from back rent owed.

CA: duty to mitigate can be waived if T can sublet/assign

Front 9

What damages does T who abandons owe?

Back 9

If L accepts--> No damages from acceptance onwards; can keep security deposit.

If L doesn't accept-->

Modern law: Remainder of lease period X [Original Lease Rate] –[New Lease Rate or Market Rate]. Market Rate caps damages (rent for below market rate, still only get market rate difference).

CL: difference between lease price and actual re-lease over remainder of lease period

Front 10

Sommer v. Kridel

Back 10

Tenant never moves in; landlord lets property sit for 9 months despite interested 3rd party and sues for back-rent; Held: landlord had duty to mitigate (lost volume doctrine doesn’t apply b/c real estate unique).

Front 11

Ernst v. Conditt

Back 11

Facts: lease said “sublet” and provided that old tenant would remain liable, but says nothing about right of reentry/reversion

CL(focus on form)-->Assignment = complete transfer of remaining interest

Sublease = partial transfer of remaining interest (old tenant has reversion)

Modern law-->intent of the parties

Held: assignment b/c no reversionary interest/right of reentry (claimed to apply modern rule, but maybe just common law test?)

Front 12

Garner v. Gerrish

Back 12

Facts: lease says tenant can end lease when he wants; under common law, tenancy at will terminated by either party, or upon death of either. How classify this lease?

Held: lease gives unilateral power of termination (unclear if life estate or tenancy at will)

Theme: counter to numerus clausus principle (i.e. that there are fixed categories of property rights, and you can’t create new ones)

Front 13

Tenancy at Will

Back 13

CL: Can be terminated at any time by either party; Death of either party terminates; No notice for termination required

Modern reforms: 30 days notice for termination required

Front 14

Assignment vs. Sublease?

Back 14

Assignment: complete transfer of all remaining interest.

Sublease: Transfer of only part of remaining interest

Front 15

Periodic Tenancy

Back 15

Fixed duration period, automatically renews until eithersays no

CL-->noticerequired at least 1 month and could only terminate at the end of the month; moststates = 30 days

Front 16

Term of Years

Back 16

Lasts for a fixed period of time, “a lease for 1yr from thisdate.”

CL--> no limit

Can be terminable earlier uponhappening of some event

No notice necessary

Front 17

Privity of Estate

Back 17

Rights and duties based on property law

Assignment: New tenant has privity of estate; Old tenant does not

Sublease: Old tenant has privity of estate; New tenant does not

Front 18

Privity of Contract

Back 18

Rights and duties based on contract law

Look to who has a contractual agreement with whom

Old tenant: Privity of contract based on original lease

New tenant: Depends. W/ old tenant-- Assignment or sublease agreement between new and old tenant. W/ landlord--Signed additional agreement with landlord when sublet or received assignment; Via third-party beneficiary theory based on assignment or sublease agreement with old tenant

Front 19

Third party beneficiary doctine

Back 19

Contract Between A and X. A promises to do something to benefit Y.

Y can sue A if A fails to undertake the action to benefit Y. Even though Y not party to contract.

Front 20

Federal Fair Housing Act

Back 20

Exceptions: single family housing exception androoms or unites in dwellings

Discriminatory ads prohibited, originallynewspaper would be liable unless just a transmitter

Covers other things besides race

Proof? Disparate impace claim

Front 21

Civil Rights Act

Back 21

Broader than FHA

Doesn’t have exceptions, narrower than FHA, bconly frames about race

Covers sale

Doesn’t prohibit discriminatory advertising.Publication requirement applies to everybodyRequires showing of intent

Front 22

Rent Control

Back 22

In order to work, it must be paired w/ justcause eviction ordinance.More likely to work when there’s a dramatic increase in demand and restrained supply.

Front 23

Doctrine of fixtures

Back 23

When personal property becomes attached to land, itbecomes part of that land.