Section 33.2

1. Section 33.2

2. What You’ll Learn • How to explain the duties of landlords and tenants (pp. 719-722) • How to describe eviction proceedings (p. 722)

3. What You’ll Learn • How to identify tort liability of landlords and tenants to third parties (p. 723)

4. Why It’s Important The better you understand the responsibilities of landlords and tenants, the better prepared you will be when you rent or lease property.

5. Legal Terms • quiet enjoyment (p. 719) • waste (p. 720) • fixtures (p. 720) • trade fixtures (p. 722) • eviction (p. 722) • constructive eviction (p. 723)

6. Section Outline The Landlord’s Duties Refrain from Discrimination Maintain the Premises Deliver Peaceful Possession

7. Section Outline The Tenant’s Duties Abiding by the Terms of the Lease Avoid Waste Return Fixtures Eviction Proceedings Tort Liability

8. Pre-Learning Question What are the landlord’s duties?

9. The Landlord’s Duties Landlords have specific duties imposed by law, in addition to those found in a lease. They include: • Refraining from discrimination • Maintaining the premises • Delivering peaceful possession

10. Refrain from Discrimination In selecting tenants, landlords are bound by various laws against discrimination.

11. Refrain from Discrimination In nearly all states, it is against the law for a landlord to refuse to rent or lease property to any person because of race, religion, color, national origin, sex, age, ancestry, or marital status.

12. Maintain the Premises Rental property offered for dwelling purposes must be fit for human habitation. It must be relatively clean, properly heated, furnished with utilities, and safe.

13. Deliver Peaceful Possession Tenants are entitled to the exclusive peaceful possession and quiet enjoyment of the rental premises. Quiet enjoyment is your right to undisturbed possession of the property.

14. 33.2 Finding and Living in Rental Housing Step 1: The Search • Choose a location and a price that fit your needs. • Compare costs and features among possible rental units. • Talk to people who live in the apartment complex or the neighborhood.

15. 33.2 Finding and Living in Rental Housing Step 2: Before Signing a Lease • Be sure that you understand and agree with all aspects of the lease. • Note the condition of the rental unit in writing. Have the unit’s owner sign it.

16. 33.2 Finding and Living in Rental Housing Step 3: Living in Rental Property • Keep the place in good, clean condition. • Notify the owner of any necessary repairs. • Respect the rights of neighbors. • Obtain renter’s insurance to protect personal belongings.

17. 33.2 Finding and Living in Rental Housing Step 4: At the End of the Lease • Leave the unit in at least as good a condition as it was when you moved in. • Tell your landlord where to send your refunded security deposit. • Ask that any deduction from your deposit be explained in writing.

18. Which of the landlord’s duties is being breached? One Sunday, while Tad was watching a football game with some friends, his landlord simultaneously knocked and unlocked the door to his apartment.

19. The landlord stepped into the apartment with a young couple and said, “Just wanted to show these folks an apartment, in case one becomes available soon.”

20. Which of the landlord’s duties is being breached?

21. ANSWER Delivering peaceful possession.

22. Roland and Alexa prefer renting their apartments to single women because they feel women make better tenants.

23. In order to do so, they only advertise an apartment vacancy in beauty parlors and tell any men who stop by that no apartments are available.

24. Which of the landlord’s duties is being breached?

25. ANSWER Refraining from discrimination.

26. Pre-Learning Question What are the tenant’s duties?

27. The Tenant’s Duties Tenant’s duties include: • Paying rent • Abiding by the terms of the lease • Avoiding waste • Returning fixtures

28. Abiding by the Terms of the Lease Tenants have the duty to • Pay rent to the landlord when it is due • Observe the valid restrictions contained in the lease

29. Avoid Waste Tenants have the duty to avoid damaging or destroying the property, acts also known as committing waste. Waste is defined as substantial damage to premises that significantly decreases the value of the property.

30. Avoid Waste You must return the premises to the landlord in as good a condition as when you moved in, except for reasonable wear and tear.

31. Return Fixtures The tenant must turn over to the landlord all fixtures in the premises at the expiration of the tenancy.

32. Return Fixtures Fixtures are items of personal property attached to real property, such as built-in stoves and dishwashers, kitchen cabinets, and ceiling light fixtures.

33. Return Fixtures Trade fixtures are items of personal property brought to the premises by the tenant that are necessary to carry on the trade or business to which a rental property will be devoted.

34. Return Fixtures Contrary to the general rule, trade fixtures remain the personal property of the tenant and can be removed at the end of the term of occupancy.

35. Pre-Learning Question What happens when someone is evicted?

36. Eviction Proceedings Eviction occurs when a landlord deprives a tenant of the physical possession of the premises.

37. Eviction Proceedings You can be evicted for • Not paying rent • Remaining after the expiration of the lease • Damaging the premises (commission of waste) • Violating provisions in the lease

38. Eviction Proceedings It is illegal in every state for a landlord to use force to evict a tenant. The landlord must first obtain a court order.

39. Eviction Proceedings The court will generally appoint a sheriff or other authorized officer to carry out the eviction order.

40. Eviction Proceedings A constructive eviction occurs when a landlord breaches a duty under the lease. When constructive eviction occurs, you may consider the lease terminated, leave the premises, and stop paying rent.

41. Pre-Learning Question Who is liable if someone is injured on rented property?

42. Tort Liability When someone is injured on rented or leased property, both the landlord and the tenant may be liable.

43. Tort Liability Whoever is in control of the area where the injury occurs is generally liable if the injury is caused by negligence.

44. Tort Liability The landlord can be liable for injury caused by a defect in the common areas over which he or she has control, such as hallways or stairways.

45. Tort Liability Likewise, the tenant can be liable for injury caused by defects in the portion of the premises over which he or she has control.

46. Section 33.2Assessment Reviewing What You Learned • What are the duties of the landlord? What are the duties of the tenant?

47. Section 33.2Assessment Reviewing What You Learned Answer Landlord duties—(1) refrain from discrimination, (2) maintain the premises, and (3) deliver peaceful possession. Tenant duties—(1) pay rent when it is due, (2) observe the valid restrictions contained in the lease,

48. Section 33.2Assessment Reviewing What You Learned Answer (3) avoid damaging or destroying the property, and (4) turn over to the landlord all fixtures in the premises at the expiration of the tenancy.

49. Section 33.2Assessment Reviewing What You Learned • Under what circumstances may a landlord evict a tenant? How must eviction be carried out?

50. Section 33.2Assessment Reviewing What You Learned Answer A landlord may evict a tenant for nonpayment of rent, remaining after the expiration of the lease, commission of waste, or violation of any lease terms. The court must enforce the eviction.