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5 Cards in this Set
- Front
- Back
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Which landlord is most likely to be liable to the tenant?
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d) Lily Landlord refuses to allow Tim Tenant to install a special telephone line that Tenant had requested and volunteered to pay for himself because he is deaf.
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Luda Landlord offers a small run-down house for rent at $100 per month. T.I. Tenant inspects the premises, finds a number of defects, and tells Luda that he will take the place as is, “but only at $50 a month because that’s all it’s worth in its condition.” Luda agrees and T.I. takes possession. Unfortunately, T.I. fails to pay any rent.
In an eviction suit by Luda, may T.I. assert breach of Implied Warranty of Habitability as a defense? |
Yes, most jurisdiction will not allow a Tenant to waive the implied warranty of habitability.
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Assume for this problem only that the house in question 2 was not run down and that Luda was able to rent the house to T.I. for $100 a month. Unfortunately, T.I. was arrested 3 months later on federal gun charges and discontinued his monthly payments to Luda.
As Luda’s Lawyer what will be the best advice you can give him in this situation? |
I would advise Luda to act with reasonable diligence in attempting to re-rent.
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Larry Landlord had previously sued Tammy Tenant for non-payment of rent. She had claimed that the lease was illegal due to numerous housing code violations. The court found in Tammy’s favor. Subsequently, 100 days after the judgment in the previous case, Larry Landlord files a “30 day notice to quit” against Tammy Tenant. Will he succeed in removing her from the premises?
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No, because his actions are presumed to be retaliatory eviction.
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Child gets hit by a car in the parking lot of landlord’s apartment complex. Five times in the past month this has happened and each tenant has complained in writing to the landlord. Is the landlord liable?
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# Maybe because the parking lot could fall under the common area exception and landlord has a duty to exercise reasonable care.
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