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
|