Shared Flashcard Set



Additional Law Flashcards




Action LL can take

Eviction for: holdover, non-payment of rent, violation of dependent covenant

Other actions: withold security deposit, seperate action for damages, rent

Action's Tenant Can Take

Termination of lease: constructive eviction (commerical), value as promised - value as is 

Suit for damages: tort, violation of IWH

Get security deposit back

Implied Warranty of Habitability
  • Has it been violated?
    • health or safety issue
    • code violation 
  • Has T waived coverage?
    • transfer of responsibility to T
    • Does JX allow?
      • Majority: does not allow in populus states
    • Was there duress in the signing?
    • Construed narrowly, where they waiving right of a leaky sink, or a broken sewer?
  • Does T have to make repairs?
    • Is it a sink or a sewer?
  • Has LL been informed?
  • Occurs when a T remains in possession of the 
  • Common law gives LL options
    • Eviction (plus damage)
    • Accept rent and create new lease
  • JX
    • Length of the original term or lease
    • Way rent was originally computed
Delivery of Possession
  • Delivery of possession
    • LL must give the T the right of possession at the beginning of the lease term
    • English rule (majority): imposes duty on LL to give legal and actual possession, if previous T holding over, LL duty to remove
    • American rule (minority): LL only needs to deliver legal right, it is the T's duty to remove previous T
  • No privity of estate between subleasee and LL 
  • Effect of reversion: if the subleasing T conveys anything less than the whole, it is an sublease
  • Retaining right of entry: if transferring T retains right of entry, and the T breaches K then it becomes an assignment. modern law holds as sublease.
  • Modern trend: Look at intent to figure out assingment or sublease
  • T have privity of estate with LL 
  • If lease says T cannot assign, the law will allow because it doesn't like alienation 
LL duties

1.    Quiet enjoyment: LL cannot interfere with T’s use and enjoyment of the premises. Implied in every lease.

2.    Actual eviction: if LL evicts the T from the lease, the T may treat the lease as breached. No longer has to pay rent. If T is evicted from only a portion of lease, may stay on premise and refuse to pay rent until restored.

3.    Constructive eviction: if through the LL fault the T quiet enjoyment of the premises is interfered with, the T may treat the lease as terminated and vacate the premises. No longer liable for rent. The theory behind is that the LL has interfered so with the T right of possession that they may have evicted the T

a.    Substantial interference: the T’s use and enjoyment of the premises must be substantially interfered with. If the T knows of the interference when lease is signed, the court may hold that it was waived

b.    Notice to the LL: the T must give notice to the LL of the defect and give the LL a reasonable time to cure the problem

c.    T must vacate: the T cannot stay on and refuse to pay rent. He must vacate within a reasonable time

4.    Damages: after vacating, T can recover damages for being wrongfully evicted

5.    Measuring substantial interference: the lease agreement exists as a contract between the lessor and the lessee; thus a substantial breach of any condition therein constitutes a failure of consideration.

6.    Partial constructive eviction: some courts have gone to allow T to recover for partial eviction for city dwellers

Tenant's duties
  • Duty to repair
  • Duty to not waste
  • Duty to pay rent
  • Civil rights act 1866: prohibited racial discrimination
  • Fair housing act of 1968: prohibits on race, sex, religion, national origin
Supporting users have an ad free experience!