Real Estate Newsletters
A Tenant's Remedy for the Landlord's Breach of the Implied Warranty of Habitability -- Actual and Constructive Eviction
A lease agreement impliedly covenants that the tenant will have the peaceable use and enjoyment of leased premises that are fit for human habitation. In exchange, the tenant covenants that he will pay rent to the landlord. A landlord may file an eviction proceeding if the tenant breaches the covenant to pay rent; however, if the tenant pays rent and the landlord either physically ejects the tenant from the premises or substantially compromises the tenant's enjoyment of the premises, the landlord has breached the covenant by eviction.
A breach of contract occurs in the event one of the parties to a contract fails to fulfill his or her part of the deal.
When a borrower pays off a mortgage or deed of trust, the lender on the mortgage or deed of trust must record a notice that it no longer holds a security interest in the mortgaged property. The laws governing such notifications vary from state to state, and the laws of each state must be consulted individually for further details. A satisfaction of mortgage may also be known as a release or cancellation.
In the year 1980, the United States Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). CERCLA is a remedial statute designed to protect and preserve public health and the environment. Courts have construed it broadly in order to effectuate its purpose.
The issue of a property owner's liability for water damage is largely a matter of state law. However, a property owner is not liable for things he or she cannot control.