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Landlord Law and Multi-Housing Report is written by
a practicing landlord-tenant attorney and contains quick-reading
highlights of recent federal and state court decisions on fair
housing, premises liability, rent control, lease enforcement, drug
use, eviction, handicapped accessibility, building security, lead
paint/asbestos, and Section 8 tenants, plus summaries of HUD rulings.
Each issue is filled with advice on how multifamily property owners
and managers can be better prepared to protect themselves from
expensive and time-consuming litigation.
BANKRUPTCY:
Landlord Must Return Deposit Despite Bankruptcy....... 04-2p5
Subsidized Housing Can't Be Denied To Debtors....... 04-11p5 DAMAGES: Tenants Owe For Leaving Trash, Fouling Plumbing ..... 04-5p3
Lack Of Credibility Costs Landlord His Case ................ 04-6p8
Landlord Loses Claim For Failure To Mitigate .............. 04-7p4
Landlord Escapes Liability For Throwing Out Property . 04-7p5 DISCRIMINATION: Landlord's Negligence Claim Against City To Proceed04-12p4 EVICTIONS: Posting Notice On Door Won't Meet State Standard..... 04-1p4
HUD Loses Bid To Evict Tenant Because Of Notice..... 04-1p5
Failure To Follow Rules Leads To Tenants' Ouster ..... 04-2p6
One Day Makes Difference In Serving Notice ............... 04-2p6
Landlord Cannot Use Judgment After Taking Rent....... 04-4p4
Tenant's Breach Of Judgment Bars Lawsuit ................. 04-5p5
Landlord Owes Relocation For Zoning Violation ........... 04-6p6
Getting Rid Of Tenant Who Wouldn't Sign Lease ......... 04-6p7
Public Landlord Must Restore Wrongly Evicted Tenant 04-8p3
30-Day Notice To Cure Required Before Evicting ......... 04-8p4
Landlord Pays $1,500 Contempt Fine........................... 04-9p4
Suing For Rent Due Before Lease's End Disallowed .. 04-10p6
Lease Language Not Needed To Award Fees ............ 04-10p7
Tenant Wins Reversal By Proving Rent Payment ....... 04-11p1
Tenancy At Will Requires 2 Elements ......................... 04-11p2
Complete, Not Substantial, Compliance Required ...... 04-11p3
Eviction Upheld Despite Multiple Repair Requests ..... 04-11p3
Damages Harder To Prove With Notification Failure... 04-11p4
Misguided Pranks Insufficient Grounds For Eviction ... 04-11p4
Violation Of Pets Limit Upheld As Eviction Grounds ... 04-12p5
Accepting Rent Check Nullifies Eviction...................... 04-12p6 FAIR HOUSING: Mentally Disabled Tenant Wins Retaliation Claim......... 04-1p3
Reasonable Accommodation Key In Fair Housing ........ 04-8p1 FEDERAL HOUSING LAW: Family Evicted For Drug Arrest Despite No Conviction. 04-3p2
2
Amendment Doesn't Prevent Eviction ..................... 04-5p4
HABITABILITY: Putting Off Repairs Costs Landlord $14,000+............... 04-4p3
Tenants Lose Claim By Failing To File Response......... 04-5p7
Landlord Can Clean Up Unsanitary Conditions............. 04-6p5
Tenant Gets Chance To Prove Why Rent Unpaid......... 04-6p6
Violations Keep Landlord From Collecting Rent............ 04-7p8
Unsafe Conditions Bar Lease Enforcement .................. 04-7p9
Landlord Forfeits ½ Of Rent Due To Failed Repairs ... 04-10p3 INSURANCE COVERAGE: Landlord's Insurer Cannot Recover From Tenant ......... 04-6p4 LEAD PAINT: Landlord Liability Occurs Only After Notification .........
04-10p1
NY Law May Be More Favorable To Landlords........... 04-10p2 LEASE TERMS: Minor Not Liable For Lost Rent ....... .............................
04-2p7
Not Enforcing Clause Once Doesn't Waive Right ......... 04-4p6
60-Day Notice In Lease Trumps State 28-Day Rule ..... 04-5p5
Tenant Found To Comply With Early Termination ........ 04-7p6
Renovations Destroy Evidence & Landlord's Claim ...... 04-9p7
New Contract Breach Charge Disallowed On Appeal ... 04-9p8
Failure To Remedy Problems Forfeits Right To Rent.. 04-12p7
Inability To Pay Rent Not Found As Lease Breach ..... 04-12p7
Original Occupant Ruled To Have Successor Rights .. 04-12p8 LITIGATION: Landlord Gets 2nd Chance To Collect Unpaid Rent.......
04-1p8
No Claim Vs. Landlord After Tenant Buried As Pauper. 04-2p2
Landlord Raises Rents Pending Tenant's Eviction........ 04-2p3
Landlord Doesn't Owe To Relocate Departed Tenant... 04-3p6
Magistrate Raises Defense, Tenant Wins New Trial ..... 04-3p5
No Abatement Owed Tenant Taking Place 'As Is'......... 04-3p6
Sloppy Practices Put Landlord's Property At Risk ......... 04-4p1
Despite Partial Dismissal, Habitability Claim Advances04-11p7
Rent Paid, Evictee Returned To Old Unit By Court ..... 04-11p8 MOLD: Tenant Loses Claim For Failure To Tell Landlord ....... 04-12p1
PREMISES LIABILITY: Case of Murderous Handyman Yields $13M Award...... 04-1p1
Landlord Faces Liability For Mold Traced To Flooding.. 04-2p1
Statute Of Limitations Protects Landlord In Mold Claim 04-3p1
Tenant May Sue After Tripping During Shortcut............ 04-3p2
No Liability For Failing To Install Safety Glass .............. 04-4p5
Jury Believes Landlord Installed Smoke Detector ......... 04-4p6
Landlord Owes $1M To Criminal Shot On Premises ..... 04-5p1
Landlord May Owe Tenant Who Stepped In Hole ......... 04-5p2
No Slip-And-Fall Liability If Landlord Was Unaware ...... 04-5p3
Scalded Tenant Loses Claim Vs. Landlord, Plumber .... 04-6p1
Tenant Shocked By Stove Can't Recover Damages..... 04-6p2
Landlords Spared Liability Over Dog's Bite................... 04-6p3
Jury Will Decide Whether Landlord Vowed Repair........ 04-6p3
Landlord Loses Claim Tenant's Husband Trespassed.. 04-7p1
Falling Garage Door Leads To Negligence Suit ............ 04-7p2
Landlord Not Liable Because Murderers Follow Victim. 04-7p3
Court Dismisses Tenant's Case For Waiting Too Long. 04-7p4
No Liability For Tenant Negligence, Illegal Use............. 04-8p2
Lease Requiring Approval Of Pets Forestalls Liability... 04-9p4
Comply With Codes & Statutes For Health, Safety ....... 04-9p5
Landlord Not Liable To Unauthorized Sub-Tenant ........ 04-9p6
Landlords Advised To Follow Their Lease Terms ......... 04-9p7
Preventive Maintenance Program Forestalls Liability.. 04-10p4
No-Pet Clauses Must Be Enforced To Have Value .... 04-10p4
Damages Denied Because Tenant Knew Of Risk....... 04-10p5
Failure To Reply Leads To Default Judgment ............. 04-11p5
Negligence Claims Proceed In Icy Porch Case........... 04-11p6
Ltd. Liability Prevents Bathroom Fall Injury Claim ....... 04-11p6
Lack Of No-Pets Clause Prevents Liability.................. 04-11p7
Employee Testimony Doesn't Disprove Lax Security.. 04-12p2
Improper Jury Instructions Necessitate New Trial ....... 04-12p3
Appellate Court Allows Fall Claim To Proceed............ 04-12p3 PUBLIC HOUSING: Daughter Gets Chance To Show She's Tenant ............ 04-4p7 RENT CONTROL: Son Can't Succeed To Lease ......... .............................
04-2p8
Landlord Litigates 12 Years, Loses $70,000 Claim ....... 04-3p7
Continuing Obligation Extends Statute Of Limitations ... 04-3p8
Landlord's Renovations Fall Short Of 75%.................... 04-4p8
Family Loses Bid To Treat Apartments Separately ....... 04-5p8
Ex-Wife Gets To Stay On After Tenant Leaves............. 04-7p9
Eviction Not Permitted For Tenant Violating Rent Limit. 04-8p8
Owner-Occupant Can Evict To Move In Family ............ 04-8p9
Without Lease, No Eviction In Non-Primary Residence 04-8p9
Family-Type Relationship Needed To Assume Lease 04-10p6
Local Agency Finding On Service Reduction Upheld .. 04-12p4 SECURITY DEPOSITS: Landlord Must Return Deposit Despite Lease .............. 04-1p6
Landlord May Amend List Of Deductions From Deposit 04-1p6
Landlord Owes Thousands For 1 Day Of Flea Bites ..... 04-2p4
Landlord Owes Tenant Who Backed Out Before Move. 04-2p4
Right To Sue Retained Despite Return Of Deposit ....... 04-3p3
Landlord Cannot Duck Request By Certified Mail ......... 04-4p2
Landlord Breaks Agreement, Forfeits Deposit............... 04-4p3
Commingling Funds Forces Landlord To Pay Back ...... 04-5p6
Failing To Give Notice Costs Landlord A Deposit ......... 04-5p7
Landlord Loses Claim Over Forwarding Address.......... 04-7p7
State Law Requires Specification Of Legal Fees .......... 04-8p4
Photos Key To Landlord's Winning Damages ............... 04-8p5
Lease Agreements Require Rent Paid For Full Term.... 04-8p6
Documented Proof Of Repairs Aids In Win ................... 04-8p7
Class Action Effort Fails Over Differing Claims ............. 04-9p1
Lease, Building Code Create Habitability Standard ...... 04-9p2
Double Damages Assessed For Wrongful Withholding. 04-9p3
No Holdover Rent When Lease Requires No Notice... 04-10p7
Plaintiff Loses Fees For Failure To Document ............ 04-12p5 |
