In this episode of the Legal Zone, joining us is Attorney William Merrifield to discuss illegal evictions.
What is a Covenant of Quiet Enjoyment?
When a landlord and a tenant enter a lease, right off the top, the landlord promises that neither he, nor anyone else will interfere with the tenant’s lawful possession. This is called the covenant of quiet enjoyment.
In addition, there is an implied warranty of habitability, that is the rental unit will be maintained in a physical condition that provides safe, decent, and habitable housing for tenants. The basic essential are:
- Heat –Even in Florida!
- Hot water
- Safe kitchen appliances and
- Safe and sound structural conditions
These are a must.
Eviction: What is it?
An eviction is the disposition of a tenant of a leased property. The landlord causes the tenant to no longer be able to live in the home.
There are 2 types of evictions:
Actual Evictions & Constructive Evictions
What Are Actual Evictions?
Actual evictions occur when the landlord locks the tenant out of the premise/property.
What Are Constructive Evictions?
Constructive eviction occurs when the landlord intentionally fails or interferes with the tenant’s intended enjoyment of the premise/property. The tenant must leave because the home is no longer enjoyable or habitable to live in.
What Are Your Options When a Landlord Breaches the Covenant of Quiet Enjoyment?
The tenant has 2 options when a landlord breaches the Covenant of Quiet Enjoyment.
Stay and sue for damages, or vacate (constructive eviction) and sue for damages.
If you'd like to send #thelegalzone questions, comments or are interested in becoming a guest, email us at email@example.com.
Attorney John Salatti
Dr. Arlena Cheney
Attorney Solon Phillips
Attorney William Merrifield
Schedule a Legal Consultation
If you'd like to send #thelegalzone questions, comments or are interested in becoming a guest, email us at firstname.lastname@example.org.Remus Law Group gives your legal matter the attention it deserves.
The attorneys at Remus Enterprises Law Group pride themselves in possessing the art of telling a compelling story.
With over 30 years of experience, the attorneys at Remus Enterprises Law Group provide skilled guidance on matters related to #familylaw, #familylitigation, #realestate, #business #corporatecompliance, #civilrights, #civillitigation, #medicalmalpractice, #personalinjury, #birthinjury, #slipandfall, #workerscompensation, and other areas of law.
We represent clients in all areas of law in Washington D.C, Maryland, Alabama & Washington State and while we take on a wide variety of cases, we make sure that each and every client receives detailed attention.
Visit our website at remuslaw.com or call us at 1-833-329-1799 to schedule a free consultation to learn how we can accomplish your legal goals and the official page of Solon Phillips.
Solon Phillips, Partner of the General Litigation Group at Remus Enterprises Law Group, is an experienced legal professional with extensive experience working in large law firms while devoting much of his spare time in volunteer work in public service.