Landlord duty hypotheticals

0.5. Your client, a tenant, comes to you and says her landlord has been surly and has accused the tenant of being a troublemaker.

(a) The landlord has removed the tenant's property from the basement storage area and discarded it.

(b) For the last week, the landlord routinely has vacuumed the carpet in the commons areas at 4 o'clock in the morning, bumping the vacuum cleaner against the door of the tenant's unit.

(c) The landlord has refused to repair the balcony door and the balcony railing, claiming that there's nothing really wrong with it.

The tenant likes the rent and likes the apartment and wants to stay, but also wants to prevent the landlord from acting out in this fashion.

What legal theories would you assert, and what remedies would you seek?

If you represented the landlord, what responses would you make?

1. Cassandra Bass leases premises shown on diagram to Cullen Hamelin. Hamelin organizes club football league which plays on parcel A and parcel B. Bass constructs an abandoned pets shelter on parcel B. Hamelin claims breach of covenant of quiet enjoyment/constructive eviction. Prospects for success?

2. Bass leases premises shown on second diagram. Hamelin inspects it before signing lease. Enters into occupancy, sues for breach of covenant of quiet enjoyment/constructive eviction.


3. -LL turned off heat to force out undesired tenant

4. LL shows up with tiger and shotgun; "get out or I'll sic her on you and then blow you away."
6. LL pours concrete into kitchen= partial constructive eviction p490 n.4
Possible deficiencies
7. garbage left by previous tenant
8. Broken front door lock
9. T gets marine friend to set up armed checkpoint at entrance; other tenants complain
10. broken kitchen window
11. no front door key
12. bathroom toilet clogged-use outhouse
13. inoperative bathroom light and outlet
14. inoperative closet light and outlet

15. leak from apartment above; plasterboard fell on bed and crib
16. broken sewage pipe; smell
17. Anonymous hang-up phone calls
18. Internet connection fails
19. Spam
20. No heat
21. No microwave
22. Hurricane Katrina
23. upstairs tenants complain about rock music coming through floor
Edgar Allen Poe: they drag chair on floor

25. knowingly permit another part to be used for lewd purposes: what's "lewd"?

26. Jacuzzi does not work

27. Hire homeless person as doorman

28. Failure to supply fresh flowers every day