-duty to give possession: landlord must give tenant actual possession at time lease begins; if he doesn’t, he is in breach and tenant
entitled to damages; minority “american” rule did not impose this duty, only required legal possession
-implied warranty of habitability:
for residential property; landlord must provide property that is reasonably suited for residential use; if landlord breaches, tenant can
move out and terminate, repair and deduct, reduce rent, or remain and sue
-implied covenant of quiet enjoyment: applies to both commercial
and residential leases; tenant has a right to quiet use and enjoyment of the premises without interference from landlord; breach by:
partial, constructive, or total eviction; total eviction terminates lease and ends tenant’s obligation to pay rent; partial eviction does
not terminate lease but it ends tenant’s obligation to pay rent (unless by someone else, then rent gets apportioned); constructive eviction
occurs when landlord fails to provide a service that he is supposed to provide, thus making the premises uninhabitable (must be a
substantial interference with quiet enjoyment by landlord, tenant must give notice, and abandon within reasonable time after breach);
landlord not liable for acts of other tenants but has duty not to permit a nuisance and must control the common areas
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