2. Landlord Tenant Law

What triggers landlord tenant law?

Landlord-tenant dispute: Eviction, rent withholding, habitability issue, lease abandonment, lease type unclear, tenant harassment.

What are the different types of tenancies?

1. Term of Years

2. Periodic

3. Tenancy at Will

4. Tenancy at Sufferance (Holdover)

Term of Years:

1. Rule?

2. Termination Notice Requirement?

3. Termination Nuances?

1. Fixed, pre-specified period

2. No notice required. Automatic at end.

3. Death does not terminate. Landlord retains reversion.

Periodic Tenancy:

1. Rule?

2. Termination Notice Requirement?

1. Fixed period that rolls over automatically

2. Common Law: period itself (up to 6 months for year to year). Modern: Minimum 30 days

Tenancy at Will

1. Rule?

2. Termination Period?

1. No fixed period. Either party can terminate at any time.

2. 30 days minimum OR interval between payments (e.g. rent paid weekly, minimum is 7 days)

Tenancy at Sufferance

1. Rule?

2. Termination?

1. Tenant remains after lease expires

2. Landlord can evict OR consent to new tenancy

A tenancy is at sufferance. The landlord consents to a new tenancy. What is the new tenancy type by default?

Periodic Tenancy on original lease forms

What is the rule for the landlord’s duty to mitigate after tenant abandonment?

• Common Law: No duty to mitigate — landlord could let unit sit vacant and keep collecting rent (property conception: land is tenant's problem for duration).
  

• Modern Majority Rule (Sommer): Landlord has a DUTY to mitigate damages. Must treat unit as vacant and use reasonable diligence to re-let. Defaulting tenant still responsible for mitigation costs.

What is the main case for Duty to Mitigate?

Sommer: Broke student rented apartment and couldn’t pay rent. Landlord found a viable prospective tenant but left the unit vacant for over a year. Landlord must’ve mitigated damages by keeping unit occupied.

Make policy arguments on both sides on whether landlords should be obligated to mitigate or not mitigate.

• Pro-mitigation: Landlords can't rack up fees while doing nothing. Encourages avoiding vacancies. Tenant can find replacement to minimize costs.

• Anti-mitigation:Added cost/burden of re-renting. Why should landlord have to undo tenant's breach?

Can landlords “self-help” by physically removing tenants?

NO. Creating a risk of confrontation is inherently non-peaceable. Formal judicial eviction (unlawful detainer) is MANDATORY.

What remedies are available for landlords instead of self-help?

1. Terminate lease

2. Seek possession through courts

3. Sue for damages (back-rent + costs of finding new tenant).

Landlord breaches quiet enjoyment. Can tenant withhold rent? Why?

Yes, covenants are mutually dependent

What is constructive eviction?

Landlord’s action OR omission makes premises substantially unsuitable for living → breach of covenant of quiet enjoyment. 

Tenant MAY withhold rent.

Tenant is unable to use the loft portion of the unit due to dust pollution, but remains in the unit. Constructive eviction?

Yes. The tenant doesn’t have to completely abandon the property to claim constructive eviction.

What is the main case for Constructive Eviction?

Minjak: Landlord was sandblasting. Rendered loft unusable. Tenant remained in property. Tenant validly asserted constructive eviction even without abandoning the whole premises.

Can a landlord be liable for third-party interference?

Yes, landlord can be held liable for breaching covenant based on other tenants' actions (e.g., noisy cocktail lounge), PROVIDED landlord has power under the lease to control the behavior.

Make arguments on both sides for Constructive Eviction.

For: Unrealistic to require a tenant to move out before justifying non-payment. Creates unjust choice between health and shelter.

Against: Don't put landlord in position of having to police tenants' conduct.

What is IWOH?

Implied Warranty of Habitability

Implied Warranty of Habitability: Rule

1. Breach was substantial and affected health and safety of unit

2. Condition constituting breach was NOT tenant's fault

3. Landlord had notice of the condition AND a reasonable opportunity to repair it

What is the rationale behind the IWOH?

Severe power imbalance between landlords and tenants (monopolies, housing shortages, racial discrimination). Modern tenants bargain for a PACKAGE of goods and services (shelter, heat, water) not just land.

What remedies does IWOH provide if breached?

Tenant can:

1. Wait 14 days for landlord to fix the issue

1. rescind the lease

2. stay and pay reduced rent (reduced based on difference e.g. Unit with heat costs $2K/month, unit without costs $1K/month—tenant pays $1K)

3. Fix the problem and deduct costs from rent (but if LL is bankrupt, tenant will become a creditor)

4. Find substitute housing

5. Sue for damages (diminished value and discomfort)

What are the different procedural avenues IWOH can be used?

Shield (Defensive): Landlord brings suit against tenant for non-payment/eviction. Tenant uses IWOH as a defense.

Sword (Offensive): Tenant sues the landlord.

How long does a landlord get to fix an issue under URLATA (Uniform Residential Landlord and Tenant Act)?

14 days - practically useless if tenant is actively freezing/facing emergency