Property Law 1: A Rental Agreement

A Rental Agreement

by Danielle Capretti, J.D.

Property Law 1

Sophia Barinova Director and Legal English Trainer Legal English Centre CIS

Jennifer L. Uhler Regional English Language Officer for Russia U.S. Embassy & Consulate

Thank you!

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Renting in Russia

• Landlord/Lessor: Rights and Duties?
• Tenant/Lessee: Rights and Duties?

• Names landlord and tenant
• Identifies property
• Specifies terms and conditions for rent payment
• Gives tenancy duration
• Provides tenancy terms and conditions
• Specifies liability rules for damages and repairs of the property
• Sets down clauses for termination and renewal

Rental Agreemement: Basic provisions

Terms in a Rental Agreement

Implied Terms in LeasesFor Landlords

• quiet and peaceful possession of the leased premises

• landlord cannot interrupt the tenant's beneficial enjoyment

Quiet Enjoyment

Lease states East 76th Street Corp was not liable "for interference with light, air, view or other interests" of Kortez, "except by reason of [its] negligence."

East 76th Street Corp was constructing a disabled ramp and walls covering a large portion of the private garden entrance of Koretz to his apartment. Koretz left the apartment for two weeks because of the dust, debris, noise andvermin caused by construction.

Key Fact:

Quiet Enjoyment Scenerio

Quiet Enjoyment

114 N.Y.S.3d 63,178 A.D.3d 445 (2019)

Koretz v 363 E. 76th St. Corp.

Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (1929).

Quiet Enjoyment Scenerio

• Requires landlords to keep their property "habitable"

• “Habitability” = complies with local housing code

IMplied Warranty Of HabitabIlity

Key Fact: Section 2501 of the District of Columbia Housing Regulations:"No person shall rent or offer to rent any habitation, or the furnishings thereof, unless such habitation and its furnishings are in a clean, safe and sanitary condition, in repair, and free from rodents or vermin."

Jarvins and other tenants of First National Realty refused to pay their rent for April, claiming the premises were uninhabitable. The tenants alleged 1500 violations of the local housing regulations.

Habitablity scenerio

Implied Warranty of Habitablity

Javins v. First National Realty Corporation

428 F.2d 1071 (D.C. Cir. 1970)

Habitablity scenerio

Nolo: Breach of Contract: Anticipatory Breach

Anticipatory Breach : follow Up

Property Vocabulary 2: A Sales Contract

Thank you for your participation! Next Session - March 20, 2024