Tenant Bill of Rights

104 9

    Right to Covenant Performance

    • A tenant has the right to have the landlord perform his covenants under the lease. A covenant is an agreement in the lease that imposes a legal obligation on one or both parties. For example, the landlord and tenant might stipulate that the landlord repair the premises in case of damage. If damage occurs and the landlord refuses to repair it, the tenant can sue the landlord to enforce the covenant. Covenants are generally independent. If the tenant breaches his obligations under the covenant, the landlord must still perform his obligations.

    Right to Possession

    • A tenant has the right to possession of the premises at the beginning of the lease term. The landlord is required, in most states, to put the tenant in actual possession of the land. The landlord must evict any prior tenant who is still in possession of the premises in order to permit the current tenant to occupy it. This must occur before the lease begins so that the tenant can occupy the premises at the moment he has a right to do so.

    Right to Quiet Enjoyment

    • A tenant has the right to quiet enjoyment of the premises. Neither the landlord nor paramount title holder can interfere with the tenant's use and enjoyment of the land. If a landlord or paramount title holder excludes the tenant from the entire premises then the tenant need not pay rent. If the landlord excludes the tenant from a portion of the premises then the tenant still need not pay rent. If the landlord's conduct causes the premises to be uninhabitable then the tenant can terminate the lease and sue the landlord for damages.

    Right of Habitability

    • The tenant has the right to leased property that is habitable. The landlord has a duty, in most jurisdictions, to make sure the premises are reasonably suited for human occupation. Generally, this means that the landlord must comply with housing codes. Failure to do so permits the tenant to terminate the lease, make repairs and deduct the cost from rent, pay a reduced rent in proportion to the reduced fair market value of the premises, or sue for damages.

    Right against Retaliatory Eviction

    • A tenant has the right not to be evicted by the landlord as retaliation for exercising his rights. Often a retaliatory motive is presumed if the landlord evicts the tenant within a certain period of time after the tenant exercises his rights. In these cases, the landlord must demonstrate a proper reason for the eviction.

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