What would probably occur if a tenants lease is breached because the landlord has allowed the unit in an apartment building to become uninhabitable *?
OverviewLandlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutes and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Further, federal statutory law may be relevant during times of national/regional emergencies and in preventing forms of discrimination. Show The Four Basic Types of Landlord-Tenant RelationshipsThe basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. The tenant has a property interest in the land (historically, a non-freehold estate) for a given period of time before the property interest transfers back to the landlord. See State Property Statues. While these four relationship types are generally true, they are subject to state statutes, as well as the actual lease agreed upon by the landlord and the tenant. The length of the tenancy is typically classified in 1 of 4 categories:
Quiet EnjoymentThe landlord-tenant relationship is founded on duties proscribed by either statutory law , the common law, or the individual lease. Basic to all leases is the implied covenant of quiet enjoyment. This covenant ensure the tenant that his possession will not be disturbed by someone with a superior legal title to the land including the landlord. Transferring the Tenant's InterestAssignment & SubleaseSubject to limitations expressly stated in a lease, a tenant is typically able to transfer her property interest to a third party. This transfer takes the form of two different actions:
PrivityWhenever parties intend a transfer of interest, they should always consider privity of estate and privity of contract:
Limitations on TransferringAs expressed, the ability to transfer interest is subject to certain limitations established by the lease between the landlord and the tenant. There are typically 3 such clauses which may be used in a lease:
Commercial ReasonabilityRegarding the "commercially reasonable" standard, courts will use a balancing test in which the court will balance commercial reasonable and unreasonable factors to determine whether the landlord has refused a sub-lease based on commercially reasonable or commercially unreasonable factors. If the refusal was commercially unreasonable, the court will order the landlord to allow the sub-lease.
EvictionEviction refers to a landlord barring a tenant from using the property, usually due to the tenant materially violating the lease and/or not paying the agreed-upon rent. A landlord, however, may not evict a tenant in retaliation for the tenant reporting housing violations or other problems with the condition of the property. This is typically referred to as the doctrine of retaliatory eviction. Typically, a landlord has 1 of 2 methods he can use to evict a tenant:
However, the majority of jurisdictions do not allow for self-help evictions. Therefore, in order for a landlord to evict a tenant, the landlord typically must sue the tenant in court and allow the court to enforce an eviction order. Constructive EvictionConstructive eviction is when a tenant leaves the leased property due to the landlord’s conduct that materially interferes with the tenant’s agreed-upon purpose and prevents the property from being in tenantable condition. Constructive eviction is triggered by the landlord’s wrongful conduct. Wrongful conduct may be satisfied by a wrongful omission when the landlord does 1 of 5 things:
In addition to the landlord's material omission of 1 of these 5 elements, the tenant must also leave the property within a reasonable time frame. Otherwise, the tenant waives the right to a constructive eviction claim. Further, if the tenant leaves after a reasonable time frame, a court may find that the tenant has engaged in abandonment (discussed below). Some jurisdictions allow for a partial constructive eviction. This happens when a particular portion of the leasehold has been made untenable by the landlord. As a result, a court will grant a constructive eviction for that part of the leasehold. Partial constructive eviction will typically require the same elements that a normal constructive eviction would require. A constructive eviction occurs when the landlord causes the premises to become uninhabitable. AbandonmentAbandonment occurs when the tenant meets all 3 of the following factors:
To recover for abandonment, the landlord can take 1 of 3 actions:
The Implied Warranty of HabitabilityHousing codes were established to ensure that residential rental units were habitable at the time of rental and during the tenancy. Most states have an implied warranty of habitability. This requires a landlord to substantially comply with building & housing code standards. If the lease contains a clause waiving the implied warranty of habitability, a court will typically refuse to enforce the clause. When the warranty of habitability is breached, courts will typically allow for 1 of 3 remedies:
Under the third method (sue for damages), there are typically 3 methods for recovery:
DiscriminationFederal law prohibits discrimination in housing and the rental market. See Civil Rights Act of 1866 & 42 U.S. Code, Chapter 45, Federal Fair Housing Act. Neithamer v Brenneman Property Services Inc(1999) is a leading case regarding a landlord discriminating against a potential tenant. The court in that case created a test (shown below) for when a landlord engages in discrimination of a potential tenant. If the plaintiff (potential tenant) offers no direct evidence of discrimination, then the plaintiff must prove the prima facie case, which has 4 components. The burden of proof is on the plaintiff to prove all four components; if he does, then the court will find that the landlord acted in violation of the Fair Housing Act via an inference of unlawful discrimination:
The court in Fair Housing Council of San Francisco v. Roommate.com (2007), however, established a limit on the rule from Neithamer. The Fair Housing court found that the anti-discrimination provisions of the Fair Housing Act do not apply to the selection of roommates. Further, there are 2 more situations in which a landlord is exempt from the Fair Housing Act. When the individual is the landlord of a single-family dwelling or when the individual is the landlord of an owner-occupied dwelling with 4 or fewer units, then the landlord would also be exempt from the Fair Housing Act. |