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Ch 26 – Landlord-Tenant Relations
INSTRUCTOR’S MANUAL
LESSON OVERVIEW
While Chapter 24 dealt with the introduction of leasehold estates, Chapter 26 elucidates
the landlord–tenant relationship and the major points of law that affect and govern
leasehold estates. This chapter also discusses the four types of tenant interest in real
property, and through the use of examples, depicts their relevance in the real life
situations. Additionally, the chapter intends to describe the rights and duties of landlord
and tenant, issues pertaining to the termination of lease, and the question of tort liability.
questions, discussion questions, and case scenarios. Students are encouraged to conduct
their own research through the use of the Internet and other sources.
CHAPTER OUTLINE
A. THE LANDLORD–TENANT RELATIONSHIP (p. 432)
KEY TERMS
Key terms are listed at the beginning of the chapter, posted in the student textbook
margins, and placed in bold in the copy. They are listed here for your quick reference.
LEARNING OUTCOMES
The chapter Learning Outcomes will help you and the students discover the concepts and
information that should be understood upon completion of the chapter. You may want to
access the PowerPoint (PPT) slides for Chapter 26 when you begin the study of the
chapter and discuss each Learning Outcomes. Each Learning Outcome will be covered
separately in the Instructor Notes, but they are shown here in total as an overview of the
sections being presented in Chapter 26. The corresponding text page numbers and PPT
slides are listed next to each outcome. These slides should be used to reinforce the main
LECTURE OUTLINE
Tenancy at sufferance is really not a true tenancy at all, since the status of
the tenant in this situation is rather uncertain.
C. RIGHTS AND DUTIES OF THE PARTIES
While the rights and duties of the parties are usually stated in the lease, these
rights may be expanded or modified by relevant laws and regulations.
1. Landlord’s Warranty of Habitability
In the case of the landlord–tenant relationship, the law assumes another
kind of promise—an implied warranty of habitability.
2. Landlord’s Right to Rent, to Regain Possession, and to Evict
The landlord has the right to collect the agreed-upon rent as provided in
the lease. Also, the landlord has the right to regain possession of the
property in good condition at the end of the lease. In addition, the landlord
has the right, subject to limitations by state statutes and local ordinances,
to evict a tenant for nonpayment of rent, illegal use of the premises, or
other material violations of the terms of the lease.
3. Landlord’s Right to Keep Fixtures and Permanent Improvements
A tenant may wish to make improvements by attaching fixtures to the land
or to the premises. Two issues raised by such actions are:
Does the tenant have the right to make attachments?
Does the tenant have the right to remove the fixtures he or she attached at
the end of the lease?
The law gives the tenant the right to make reasonable modifications to the
leased property in order to make it suitable for use under the
circumstances.
4. Landlord’s Duty to Mitigate Damages
In most states, a landlord has a duty to make reasonable efforts to reduce,
or mitigate, his or her losses resulting from a tenant’s abandonment. A
landlord must make a reasonable effort, for example, to find a new tenant
to occupy the abandoned premises. If the landlord fails to make such
reasonable effort, the tenant would be relieved of his or her obligation
under the lease to pay the rent for the remaining time of the lease.
2. Tenant’s Abandonment
If the tenant has abandoned the premises, he or she is not relieved of the
obligation to pay the agreed-upon rent. If, however, the landlord has
violated his or her express or implied duty to provide the tenant with quiet
enjoyment, the tenant may abandon the premises under the doctrine of
constructive eviction, and this action will terminate the lease.
3. Termination by Forfeiture (Breach)
Most leases contain a provision that gives the landlord the right to
terminate the lease if the tenant fails to pay rent or violates any other
material lease provision. However, the tenant’s breach must be material,
that is, involve an important matter. It is unlikely that a court would allow
a termination if the tenant is only a few days late with the rent payment.
E. TORT LIABILITY
When a person is injured on leased premises, the question of liability arises.
Generally, the person in control of the area in which the injury took place is held
to be responsible. The landlord remains in control of common areas, such as
hallways, stairways, and laundry rooms. The tenant is responsible for injuries
occurring on his or her own leased premises. For this reason, apartment dwellers’
insurance policies are sold to protect the tenant policyholder against liability
losses resulting from injuries that occur on the tenant’s premises, but not losses
that result from injuries that occur in common areas or in the physical structure
itself.
INSTRUCTOR NOTES
A resulting answer or explanation is provided below for each Learning Outcome in
Chapter 26. Every outcome is also mapped to corresponding text page numbers, PPT
slides, and relevant chapter assessment exercises and activities for ease of reference and
use.
LO1. Discuss the landlord–tenant relationship.
The landlord is the owner of real property who gives up his or her right of
possession, and the tenant is the person who agrees to pay for the use of real
property. The relationship between the two involves a tenant’s possession, use,
and control of real property in exchange for payment of rent. A lease transfers to a
lessee the right of possession. A license does not transfer possession, but only
gives the licensee the right to use real property and can be canceled at will by the
landowner. Covenants are promises by either the landlord or the tenant to do
certain things. Conditions are restrictions on the use of the property.
Text Pages: 432
PowerPoint: Slides 2-7
Discussion Questions: 26-27
Case Questions: 39
Case Analysis: 40
Case Questions: 38
Case Analysis: 42
LO5. Explain how liability is determined and whether the landlord or tenant is likely
to be found liable.
Liability is generally determined by who has control of the premises at the time
and place of injury. The tenant is responsible for injuries occurring in his or her
own leased premises. The landlord is responsible for injuries that occur in
common areas.
Text Pages: 439
PowerPoint: Slides 20-21
Discussion Questions: 31
Thinking Critically About the Law: 35
Case Analysis: 41
1. h 4. d 7. n 10. o 13. e
2. f 5. c 8. l 11. a 14. b
3. g 6. i 9. m 12. j 15. k
True/False Quiz
Discussion Questions
26. A lease transfers to a lessee the right of possession; a license does not. A license
merely gives a person (the licensee) the right to use real property and can be
canceled at the will of the landowner. A lease has greater permanence than a
license.
27. The tenant, by signing the lease, has already agreed to abide by the terms
stipulated in it, and may not unilaterally change these terms.
28. A tenant can bring an action against the landlord charging a breach of a covenant.
29. Provided that removing the fixtures does not damage the landlord’s property, the
tenant should and does have the right to take them with him or her.
30. The landlord has the right to terminate the lease if the tenant fails to pay rent or
violates any other material lease provision—for example, making excessive noise,
disturbing other tenants, or using the premises for illegal purposes.
The tenant may terminate the lease if the landlord has violated his or her
warranties of quiet enjoyment and habitability.
31. Because the landlord is in control of common areas, such as hallways, stairways,
and laundry rooms, he or she is the one generally held responsible should an
injury occur.
Case Questions
37. a. N b. N c. Y
38. a. N b. Y c. N
39. a. N b. N c. Y
Case Analysis
40. Principle of law: A lease includes the landlord’s covenant of habitability.
Decision: In light of the condition of the apartment units, judgment for the
tenants.
41. Principle of law: Landlords are liable for negligence if they fail to provide
adequate protection for tenants.
Decision: Judgment for McCutchen. The landlord was found to be negligent.
42. Principle of law: A landlord has the responsibility to mitigate damages.
Decision: The court would find for the tenant.
Legal Research
43. Whether a local community has housing or landlord/tenant court varies by state.
Students might investigate their state’s jurisdiction on the Internet. Students might
observe that some of the disputes decided by such courts include breach of lease,
vacancy, and tenant’s right of quiet enjoyment.
BONUS ACTIVITIES
Ask students for specific landlord-tenant relation examples from their own
experiences.
• Ask students to write a brief report on the rights of both the landlord and the
tenant that may be included in a lease. Students should include the advantages and
AFFAIRS OF LITHUANIA
“He sits at home and sleeps, and his dominions augment, while I
fight every day and yet can hardly defend my frontiers.” Such were
the words, it is said, with which Stephen of Moldavia frequently
characterised his daughter’s father-in-law, the grand prince Ivan
Vasilievitch.
The observation is a remarkable one, for it represents the first and
most salient feature in the policy of the famous Russian monarch,
who in himself concludes one period of Russian history and opens
another. Under him Russia passes out of its condition of
exclusiveness; the west learns that besides that Russia which is
subject to Lithuania, there is already another Russia, independent,
powerful, and self-sufficing; it is even possible that at first this power
was somewhat exaggerated, but it struck contemporaries because it
had, so to say, grown imperceptibly. It would seem that all around it,
as if submitting to some fatal influence, hastened to yield to this
newborn power, while Russia herself did not hasten to announce
herself, but only manifested herself at the last moment when
everything was already prepared for this manifestation, and when it
only remained to gather the fully ripened fruits.
S. M. Soloviovh compares Ivan to the fortunate heir of a long line
of careful merchants who, having amassed a considerable capital,
provided their heir with the means for carrying on vast enterprises.
N. I. Kostomarov’sc judgment is still more severe; he denies any
merit in Ivan, judges his activity by the requirements of other times
and circumstances, and does not recognise in him and his
descendants anything beyond their own ambitious and self-
interested motives. Such views were probably called forth as a
contradiction to Karamzin, who on his part, carried away by his
dislike of the violence which—according to him—characterised the
reform of Peter, placed Ivan above Peter. The question “Lithuania or
Moscow” was raised with entire firmness and determination by Ivan,
for by the defence of Helen’s orthodoxy and by receiving into his
service the Lithuanian princes who expatriated themselves because
of the persecution of orthodoxy, he became the protector of the
Greek church in Lithuania and thus strove to gain influence in its
internal affairs. The secular policy of Russia was thus marked out; it
was also marked out by his insistence on the recognition of his title
grand prince of all Russia and by his demand for the restoration of
Kiev; intercourse with the west also begins with him.b
In war Ivan showed a caution which his enemies called cowardice.
As behooved a prince, he conducted everything of importance
himself. He exacted strict obedience, and was indefatigable in
studying the thoughts and private circumstances of all important men
in his kingdom, and even in foreign lands. The whole court and
people trembled before his spirit and will; shy women are said to
have fainted before his angry and fiery look; seldom, if ever, did a
petitioner dare to approach his throne, and none of the nobles at the
princely table ventured to say a word to another, or to leave his
place, if the ruler, overcome by eating or drinking, happened to fall
asleep and remained so for many hours. All the guests sat there
dumb until Ivan awoke and gave them further orders, either to
amuse or to leave him.
He was by no means prodigal of the life of his warriors; in fact, he
expected to gain more from the mistakes of his enemies than others
do from battles; and he knew how to incite his enemies into
committing mistakes, as well as to make use of them. He had the
enlargement of his kingdom as much at heart as his absolute power.
He boldly projected many far-seeing plans, and sought with
indefatigable zeal to realise them. After he had broken the pride of
Novgorod he considered nothing impossible, and regarded his own
will as the supreme command. We find no trace of his having been
accessible to the petitions of his subjects, or of his granting public
audience days for the hearing of their requests and complaints.
Arbitrary power over the common people became stronger and
prevailed, and officials abused their power unpunished, for
complainants and helpers were wanting. To enlighten the minds of
his people through the study of science was not a part of his plans,
perhaps because he may have thought that it is easier for the tyrant
to rule over rude slaves than over a free-thinking and enlightened
people. He must not be denied the merit of having raised great
edifices at Moscow by means of foreign, especially Italian, architects;
but vanity and love of show probably had more to do with this than
artistic sense and taste. The wide and majestic walls of the
venerable Kremlin with its battlements and towers, secret
underground passages, and fortified gates, were to serve less as
objects of beauty than as means of protection against domestic and
foreign enemies. Amongst the useful arts he especially favoured
those of the cannon founder and silversmith; with the former he
desired to terrify his enemies, and with the latter to spread the
renown of his power and glory. His greatest services to the Russian
state include, besides the regulation of the law code, the increase of
the state revenues, partly through the conquest of new provinces,
and partly through a better system of taxation, so that the
government could collect a treasure for unforeseen emergencies and
would become less dependent upon chance.
Thus there can be no doubt that as a prince Ivan ranks high and
belongs to the number of those regents who decide the fate of their
people and land for many years, and are a blessed or a cursed
remembrance to posterity: but neither can it be denied that his
greatness and fame lose much when we come to consider him as a
man, and see the harshness of his character, his unlimited pride, his
contempt of all human rights, his wild and passionate nature, and his
greed of power. That he was the founder of autocracy, as modern
writers assert, is not altogether his own exclusive merit, although it
cannot be denied that he contributed much towards it by his
shrewdness and wise moderation. When in the early days of his
youth he seized the reins of government, he found much that had
been prepared towards the future greatness of Russia; but Russia
was still in a chaotic condition, and its forces were scattered and
sunk as it were in a lethargy; they required an awakening and
regulating hand, and this was principally Ivan’s work. Owing to the
unfortunate system of appanages, which had been the ruin of Russia
for many centuries, by destroying all unity in course of time, sowing
the seeds of discord, and making the Russian state an easy prey to
its enemies, the idea of a common fatherland had quite disappeared;
and the internal dissensions among the princes, as well as the
despotic pressure of the foreign barbarians, had so deranged and
disjointed it, that the praiseworthy attempts of individual grand
princes could meet with no brilliant success, and it seemed as if
Russia were fated to play a deeply subordinate part in the hierarchy
of states.
Nevertheless those attempts were not quite lost, and the prudent
might surmise that the time would yet come when they would bear
fruit, once the hydra of discord had been conquered and the
scattered forces had been reunited. Ivan’s proceedings in this
respect were certainly of a macchiavellian nature. We have seen that
for twenty-three years he patiently acknowledged the rights of other
Russian princes and even their independence, and that by keeping
his conquests to himself and not sharing them with his brothers and
the other princes, and by taking his brother’s inheritance and giving
none to his other brothers, he first began to consider himself as
autocrat and ruler of all Russia, and thus gradually prepared the
princes for a recognition of his undivided sway and their own
impotency and subordination.
We do not inquire as to whether the means he used for the
attainment of his end deserve our approval; we will only remark that
great conquerors and founders of new empires, or such as
reorganise and rejuvenate old and decaying states, cannot be
judged with the same standard by which wise regents are judged in
regulated states. The resort to violent measures is often their highest
duty, if they are to persist in their work and arrive at the aim they
have imposed on themselves. From a political point of view, Ivan’s
harsh proceedings therefore deserve some exculpation, all the more
so when we consider that he lived at a time when revolutions of
every kind were taking place in the states and their institutions, in the
modes of thinking and in the religion of men, in the arts and
sciences, the new forms often seeking to supplant the old in a violent
manner; and when this change also began in Russia, where
intellectual enlightenment was so rare, we should not be surprised to
see the forces of brutality often gaining the upper hand over the
forces of reason.
We now find ourselves at one of the most important turning points
of Russian political history, when by a regulated system of
succession and by the incorporation of the independent principalities
with the grand principality, the Russian monarchy began to establish
itself firmly and to extend its bounds; when the hitherto terrible
defiance of over-powerful nobles and of princes who claimed equal
rank with the grand prince submits to the restraints of a common
obedience; when no more dangers threaten Russia from the side of
Novgorod and the Tatars; when a regulated system of taxation, a
treasury and an organised army protect the throne; and finally when
science and art, the administration of justice, personal safety on the
roads and in the towns, besides other blessings of peace and order,
also begin to attract attention, protection, and cultivation in Russia.d