Property Law 1: A Rental Agreement

Property Law 1

A Rental Agreement

by Danielle Capretti, J.D.

Thank you!

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

Sophia Barinova Director and Legal English Trainer Legal English Centre CIS

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Renting in Russia

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

Rental Agreemement: Basic provisions

• 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

Terms in a Rental Agreement

Implied Terms in LeasesFor Landlords

Quiet Enjoyment

• quiet and peaceful possession of the leased premises

• landlord cannot interrupt the tenant's beneficial enjoyment

Quiet Enjoyment Scenerio

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:

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."

Quiet Enjoyment Scenerio

Koretz v 363 E. 76th St. Corp.

Quiet Enjoyment

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

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

IMplied Warranty Of HabitabIlity

• Requires landlords to keep their property "habitable"

• “Habitability” = complies with local housing code

Habitablity scenerio

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.

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."

Habitablity scenerio

Javins v. First National Realty Corporation

Implied Warranty of Habitablity

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

Anticipatory Breach : follow Up

Nolo: Breach of Contract: Anticipatory Breach

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

Property Vocabulary 2: A Sales Contract