Landlord tenant hypo #1
Tenants sign a lease for a year at an apartment.
Throughout the course of their stay they begin to disrupt other tenants and cause a lot of chaos (loud noise, throwing garbage everywhere, yelling etc). Tenants make the landlord aware of their complaints.
After living there for about 6 months the tenant stops paying rent. The landlord goes and gets a ten day notice notorized that they need to pay the late rent. After about a month and a half of not paying the rent the landlord gives them a 30 day notice to vacate the premises for non compliance with the rent. Tenants continue to refuse to pay rent and landlord has to seek an attorney.
Tenant, aware that the landlord wants him out of there and aware about the complaints from other tenants proposes that he will begin paying rent again only if the landlord renews his lease. Landlord refuses to renew his lease and legally proceeds to take this matter to court.
While there, tenant tries to use the excuse that because his wife and children are black the "white" landlord will not renew the lease because he is racist. Landlord takes other black tenants to court to use as witnesses and to testify that the landlord is not recist and that this is a matter of them not paying the rent and disrupting other tenants.
The Court rules in favor of landlord and makes them pay all the backed up rent in addition to setting out a day in which they are to vacate the premises. The day before they have to get out they file a petition to have an extension. These are all tactics the tenants are using so that they can continue to live rent free all while not complying with the court to begin paying the landlord the share of the money they owe in backed up rent.
Once again, this petition for an extension is denied. Tenants refuse to leave. Landlord goes to the Daley Center to file for an eviction.
He is informed that because of all the forclosures, it could take about 5 to 6 months before these people are served. In which case, this is another 5 to 6 months the landlord is losing in rent because they refuse to pay the rent and want to live rent free. What can the landlord do in this situation?
Landlord tenant hypo # 2
A group known as "Orange Dusk," comprising Willie Joe Punkstrong, Rurnt, and Muy Genial, lease apartment 201 for one year from landlord Tim Josef. The lease specifies that the premises are leased "pursuant to the common law."
Two weeks later, Maria Kvetch leases apartment 301 for one year from landlord Tim Josef. Her lease has the same terms as the lease for Orange Dusk, except that it also provides that she will have an operative Jacuzzi in her apartment.
Orange Dusk is experimenting with new percussion sounds. They obtain a jack hammer, remove the bit, and operate it rhythmically against the floor of their apartment when they practice, every day from 4 PM to 6 PM.
Kvetch complains to Orange Dusk and to Josef, to no avail. Both tell her, "anyone can do anything he or she wants on his or her own property."
1. What legal theories and remedies are available to Kvetch?
2. The vibration from the jack hammer causes the pipe supplying water to the Jacuzzi gradually to come loose, over a period of a couple of days. It's fairly easy to replace it by screwing it back in. Suppose Kvetch has a long-standing practice of using a Jacuzzi at 5 PM every day when she returns from work. What theories and remedies?
3. The vibrations cause one of Kvetch's windows to fall out and break. Does that change things? Why or why not?
4. Suppose Kvetch can prove that Orange Dusk is terrified of Josef and are afraid that he will evict them or call the police on them or both. Does that change things?
5. The resident of another building, across the street, not owned by Joseph, decides to take matters into his own hands. He takes his Glock 9mm pistol and empties the magazine through Orange Dusk's door, being careful to aim the weapon low so as not to hit anyone inside. Unfortunately one of the bullets penetrates the door, goes through the floor and hits Kvetch in the arm, brusing it badly. The neighbor and Orange Dusk are judgment proof, so Kvetch sues landlord Josef. What is her best legal theory? What result?
6. Suppose you represent Joseph, and he asked you to redraft his standard form lease so as to minimize the likelihood of problems like this arising in the future. What provisions would you add to the lease?