The question is what did they intend when they signed the lease For other

The question is what did they intend when they signed

This preview shows page 20 - 23 out of 55 pages.

It’s important to note that these factors DO NOT determine fairness. The question is what did they intend when they signed the lease For other repairs, non-government ordered repairs, use the approach in Amoco (#10) If there is an express agreement to repair, you have to explain what repair means 13. The Covenant of Quiet Enjoyment (CQE) Elements of CQE: 1. Landlords wrongful conduct The landlord must have caused the problem Common law has four: 1. Fraudulent misrepresentations Does not count if there is a merger clause (see above case) 2. LL did not disclose latent defect #1 is if he said something, #2 is if he did not 18
Image of page 20
Tenant wants to drill for oil, LL knew that drilling would cause explosion, LL did not say anything 3. LL did not maintain the common areas Normally that’s the entryway, hallway, elevators Areas that substantially interfere with your use and enjoyment Unless you lease the whole building 4. If the LL agreed to repair (because normally we don’t assume that the LL has agreed to repair) he has to do so non-negligently The best way to find wrongful conduct is violating the lease itself 2. Caused substantial interference with the tenant’s use and enjoyment of the leased premises 3. The tenant gave notice to the landlord and gave him reasonable time to cure the defect, and 4. The tenant vacated the property within a reasonable time after giving notice of the defect to the LL who failed to cure the problem Constructive eviction, as opposed to actual eviction when the tenant was thrown out. Applies to both residential and commercial leases So a residential tenant can use this and IWH, whereas a commercial one can only use this 13. CQE vs IWH CQE compared with IWH CQE applies to both residential and commercial leases Barash gave us the elements of CQE 1. Must show that it was the LLs wrongful conduct Unlike IWH, which does not require the LL to cause 2. Substantially interfered with tenant’s use and enjoyment of the premises 3. Tenant has to give notice and a reasonable time to fix This one is like IWH 4. Tenant has to move out Unlike IWH 14. A general merger clause in a lease All prior promises don’t matter, that all that matters is in the lease 15. Actual Partial Eviction Rule: When the LL evicts from part of the premises but not all You still have some of the space, but you don’t have that space Has to be from a material part of the premises Cannot be a constructive eviction Tenant owes no rent starting from the day you are actually evicted Minority (Restatement) – tenant pays % of the rent equal to the % she retains 16. Implied Warranty of Suitability Exists in Texas, where a commercial premises is assumed to work for what it is used for This does not exist elsewhere for commercial premises, though its practice exists for residential 17. Duties & Rights in LL-Tenant relations (recap) Duties for LL CQE – deliver legal possession In some Jx (English) must deliver actual possession day 1 Duty to repair if it is residential 19
Image of page 21
But not in common law (this is only here because of IWH) Rights for LL Right to self help is a minority Duties for tenant
Image of page 22
Image of page 23

You've reached the end of your free preview.

Want to read all 55 pages?

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture