| A Tenant's Remedy for the Landlord's Breach of the Implied Warranty of Habitability -- Actual and Constructive Eviction |
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| 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.More... |
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| Like-Kind Exchanges |
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| Internal Revenue Code § 1031 provides the procedure for a little-used tax shelter known as a like-kind exchange. In essence, §1031 allows the exchange of business or investment property for other business or investment property of like-kind, with tax-deferral benefits.More... |
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| Lead Hazards |
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| The issue of lead hazards is of particular concern with regard to dwellings that were built prior to 1978. In fact, the presence of lead, lead dust, or lead-based paint chips presents serious hazards to children as well as adults.More... |
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| Housing Discrimination Against Prospective Tenants |
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| Generally, a landlord is free to rent his or her premises to anyone he or she chooses. The landlord does not have that same freedom if the housing is part of a federally-subsidized complex or the property is privately owned by a landlord who owns more than four units. The landlord can only refuse to rent his premises to a prospective tenant if the landlord has a tangible reason that is non-discriminatory.More... |
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| Security Deposits |
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| Very often, when a landlord and a tenant enter into a lease agreement, the landlord requires the tenant to make some type of payment to the landlord in addition to the first month's rent. The payment serves as security that the tenant will return the leased premises to the landlord, at the end of the lease term, in substantially the same condition as when the parties entered into the lease agreement.More... |
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