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Essay Available:
Pages:
2 pages/≈550 words
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3 Sources
Style:
APA
Subject:
Business & Marketing
Type:
Essay
Language:
English (U.S.)
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MS Word
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Topic:

Constructive Eviction and the Implied Warranty of Habitability

Essay Instructions:

Steve is renting a property from Billy. One evening Steve tripped and fell down the stairs. The issue is that one of the stairs in the common area was faulty. Billy knew about the stair, but he had never got around to fixing it.
Steve injured his leg, so he decided to return to his room. The heater was not working (and it was in the middle of winter). Steve had told Billy about the faulty heater for months, but Billy never got around to fixing it. There is a local ordinance that requires landlords to repair heaters. Additionally, assume that this jurisdiction includes the implied warranty of habitability. The jurisdiction recognizes constructive eviction, and it follows the majority rule of when landlords are liable for injuries.
What causes of action does Steve have?
What remedies does he have for the faulty heater?
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Write between 500 – 750 words (approximately 2 – 3 pages) using Microsoft Word.
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Essay Sample Content Preview:


Constructive Eviction and Implied Warranty of Habitability
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Constructive Eviction and Implied Warranty of Habitability
The terms 'constructive eviction' and 'implied warranty of habitability' are applied in the law of property such as a rental house. First, constructive eviction is used to describe a situation in which a landlord either does or fails to do something that he has legal duty to offer (Green, 2015). For example, his actions deprive the tenant the covenant of quite enjoyment such as failure to provide water to an apartment. On the other hand, implied warranty of habitability refers to a warranty which obligates landlords to keep their rental properties habitable. The property should meet prescribed basic living and safety standards such lockable doors and windows. Therefore, a tenant living in uninhabitable units have a legal right to compel the landlord to perform his duties.
The causes of action for Steve
The scenario involving Steve (tenant) and Billy (landlord), it is clear that the landlord failed to meet his legal obligation. For example, he has refused to fix the faulty stairs and repair the heater even after Steve has reminded him. As pointed by (Furth-Matzkin, 2013), in a situation where there is a clear need to make repairs, and the landlord has intentionally failed to make repairs then constructive eviction becomes the best remedy, like Steve’s case. Therefore, the first cause of action for Steve is to go to court for a hearing. He should make the judge understand that despite several attempts made to remind the landlord his legal duty, he has failed to act. As a result, the rental house is unlivable especially with faulty heater, and it is winter period.
Under constructive eviction, the Steve has to prove to the court that landlord interferes with his use and enjoyment of the dwelling unit. Two features have to be affirmed; first, the landlord has wrongfully neglected the repair of the heater so that the existing conditions make the house ...
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