Property Law Spring 2017

Professor Marc H. Greenberg

Golden Gate University School of Law

Landlord.Tenant Part 3
 Landlord.Tenant Part 3
• Landlord’s Remedies and Security Devices
– The eviction remedy only returns possession to the landlord – it doesn’t
address damage to the premises, or the loss of future rent payments.
Security deposits are one partial way landlords address these issues. The
claim of anticipatory breach is a means to recover unpaid rent for the
remaining balance of a lease, usually subject to an obligation to mitigate.
And rent acceleration is another means to recover the balance of a
remaining rental obligation.
– As a practical matter, landlords generally recover either rent or
possession, but generally not both.
• Landlord’s Duties; Tenant’s Rights and Remedies
– The split in rights – landlord owns the property, tenant occupies it, gives
rise to conflict over who maintains it – a complex issue since maintenance
embraces a broad universe of items, from plumbing to gardening, and the
cost of maintenance is usually not built into the rental fee.
 Landlord.Tenant Part 3
• Quiet Enjoyment and Constructive Eviction – Village v. Marion

– The repeated water intrusions into the leased space, and the resulting
damages in the form of water damage to evidence, and personal injury to
employees as a result of toxic mold contamination, resulted in a constructive
eviction of the tenant.
–The continued and un-remedied water damage also violated the tenant’s
right to the quiet enjoyment of the premises, a covenant implied in all leases.
The covenant can be breached without an actual eviction – failing to maintain
the premises to the degree that it has become difficult or impossible for the
tenant to safely occupy them, resulting in a constructive eviction, may
provide adequate grounds for a breach of the covenant.
 Landlord.Tenant Part 3
•The Implicit Warranty of Habitability – Hilder v. St. Peter
–Why would a tenant remain in such a terrible rental unit?
–What is the scope of the reasonable habitability expectations a tenant is
entitled to?
–What is the tenant’s obligation with respect to maintenance and repairs?
–Is there any limit placed on the amount or scope of a tenant’s right to
give notice, repair and deduct rent for repairs?
–Why didn’t plaintiffs get punitive damages in this case?
–Note that this implied warranty rarely applies to commercial leases.
•Retaliatory Eviction – landlords cannot attempt to evict or terminate a
tenancy shortly after the tenant complains about habitability issues
•Landlord’s Tort Liability - landlords are subject to a general negligence
standard with respect to tort liability. Cases involving this kind of claim are
often complicated by third parties involvement, ie: negligent repairs.
 Landlord.Tenant Part 3
• Affordable Housing – Chicago Board of Realtors, Inc. v. City
of Chicago
– What are the policy reasons underlying rent control statutes, and
statutes like the one at issue in this case?
– What are the perhaps unanticipated problems that can arise from such
efforts by government to regulate the affordability of housing?
– Are the authors of the opinion right when they assert “The ordinance is
not in the interest of poor people”? Why is this correct or incorrect?
– Is the correct question to ask, “Does rent control work?”; or is it more
accurate to ask first, “Does it make sense to impose rent control for the
benefit of tenants, even if the detriment it causes to landlords has
negative consequences for new and less financially strong tenants?”
– Why are many public housing programs a failure? How do we solve
this problem?