L blocks 250 square feet Should T pay $750/mth (the ¾ not blocked) or should T’s rent be suspended until blockage removed?Tenant shouldt pay any rent, he needs the full square ft. We shouldn’t reward LL for his own wrong.LL would stop what he is doing in order to pay his rent. Do courts issue apportionment based on a subjective or an objective standpoint –or- if we were to do an objective standpoint we may need to get an expert witness to testify as to the value of the premises°If the landlord denies you possession of the entire demised premises?An authorized taking suspends the obligation to pay the rent. Conveyance theoryIndependent covenantsoT does not pay rent if evicted/denied possessionoIf it is actual/ partial eviction (rent abated/suspended (few states apportion)oActual total eviction.
Can Tenant ALSO get damages along with paying no rent? (Actual eviction)(Assume Tenant is doing everything right)Ex: LL wants to lease to another person Damages = Fair market value (Remainding part of lease) - Rent stipulated in lease for rest + special damageso1000/ Mo Market. (10 months left) - 800 /mo rent on lease. = $200 for 10months (2k total)Point of this? Giving Tenant the benefit of his good bargain.Constructive EvictionLL made conditions so bad that the Tenant had to leave. To prove Constructive eviction: 4 elements Tenant must prove1LL breached a duty/covenant otherthan the quiet enjoymenta.Plumbing.. etc2Breach was substantial (grave and permanent nature)a.Pg 443Tenant vacated within a reasonabletime4Tenant gives notice to LL. aSuch that LL could have fixed the problem. bLL might not know. Note 3 pg 49: can there be a constructive eviction based on special circumstances sch as actions of other tenants?Ordinarily the LL is not responsible to actions of other tenants that interfere with the tenant in question. Blackett v OlanoddoCourt allowed a claim of constructive eviction against a LL of others tenants under 2 parttest. LL knew or should knownwhen making lease w/ offending Tenant. And New Tenant could offend priorLL had right to control (could have stopped) the offending Tenant behavior. °** Risk for tenants – landlord has breach a covenant and the tenant believes that there is a constructive eviction so abandons the premises and believes he or she has is not responsible for payment of rent. Tenant in an apartment and conditions are untenable, and the tenant believes he needs to get out; six months left on the lease. Tenant believes he or she is not going to be responsible because tenant will claim he or she was “constructively evicted.” Tenant must be able to prove the four elements of constructive eviction! What happens if tenant leaves, sign a new lease for $1,000/mth and original landlord sued you for breach of contract and is seeking rent for the remaining six months.