Landlord - Tenant

Property II - Outline Landlord / Tenant Types of Tenancies  Term of Years o Lasts for some fixed period of Time o Period may be computable by a formula to fix beginning and end on Calendar o CL: No limit on # of yrs o Automatically ends at end of term o Can be in days, weeks, months, years o TY is created if Terminable on some event + No fixed period o Cannot be terminated unilaterally o May be subject to condition subsequent (determinable) o May be made terminable on some event o Terminates without any party giving notice. o Death of either party has no effect Periodic Tenancy o May be made terminable on some event o Fixed duration that continues for succeeding periods  until either L or T gives notice of termination  no set ending date  All T&C are carried over–unless expressly agreed otherwise.  Reserved rent (as opposed to paid rent) determines the length of the new period. o o o o o Examples/Notes Ex: 10 yrs from the date of this lease; One year from next Xmas; from now until next Xmas. Non Ex: „for the duration of the war‟– this is an ambiguity! Not a ToY Non Ex: „for 10 yrs or until war finishes – this is an ambiguity! Ex: to T for 1 yr, with the proviso that L can terminate at any time  this is a determinable tenancy and not tenancy at will. Ex: for 10 years so long as used for a sawmill  term of yrs determinable  Ex: to A from month to month. Automatically extends  CL: half a yr notice required to terminate yr-to-yr CL: for < yr-to-yr: notice time = tenancy period (not to exceed 6 mnths) CL: notice = equal to the period Death of either party has no effect Arises either by  Express agreement  Agreement as to rent period  When no set date for termination  Operation of the law  When a tenant for years holdsover after the term expires, the lease is not renewed for another term. Rather, a periodic tenancy is created. Tenancy at Will o Death terminates the tenancy o No fixed period  endures so long as both landlord and tenant desire Ex: for 5 yrs at a total rent of $10K paid quarterly at $500/quarter. Reserved rent = $10K Paid rent = $500  new period = 5 years. Ex: T rents an apartment beginning June 1 and pays monthy rent – T is a month-to-month tenant. T & L are obligated to follow the old lease‟s provisions but now either party can get out of the deal by giving proper notice. D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Page 1 of 12 Property II - Outline o o If terminable by only one the parties, then not tenancy at will!  Both can terminate at any time. Lease for no certain duration ≡ At will  Split  Some courts imply a power of termination in the other  Some courts imply Life Estate in T  ‘. . . as long as. . .’ is indicative of determinable life tenancy. Must determine whether the power to terminate is affixed to a term of yrs or periodic tenancy. Ex: to T for and during the pleasure of L.  TaW; T & L can terminate anytime Ex (Gerrish): to T so long as T would wish  LE in T determinable on his death or prior relinquishment  We want to preserve the intent of the parties and respect the terms of the agreement.   CL: no notice is required – termination on day of notice Holdover Tenancy / Tenancy at Sufferance o T remains in possession after termination of the tenancy o CL: L has 2 choices  evict him,  treat him as a trespasser, or  hold him as a tenant (for a periodic tenancy) o Type of new term  Most: holding over gives rise to periodic tenancy  Rest: Term of years o Length of new term – limited to one year  Some: the way rent is reserved in the original lease  Others: Length of the original term After having elected not to accept the T as tenant, the L can not later change the election as to hold the T for a new term. Absent evidence to show a contrary intent, a L who accepts rent from his holdingover T will be held to have consented to a renewal or extension of the leasing. Rule: once a landlord elects to treat a tenant as a trespasser and refuses to extent the lease on a month-to-month basis, but fails to pursue his remedy of ejecting the tenant, and accepts monthly checks for rent due, he in effect agrees to the extension of the lease on a month-to-month basis. If T vacates but leaves equipment behind  No holdover. Dr tells T to stay because dangerous to leave  No holdover. Some states say: T pays double; others: fair market value    Ex (Grechale): T wanted to stay over month-to-month for 2 months. L said no and asked him to leave. T stayed and sent check for 1 st month which L cashed. L wanted to hold T to another term. No… He initially treated T as a trespasser and can not change mind about election later. Equipment does not interfere with L’s use of premises T did not stay voluntarily.    Leases which clearly and unambiguously terminate at the will of only one party are to be controlled by their express terms  But ambiguous leases are subject to a rebuttable presumption that they are at the will of both. Statute of Frauds  Leases for more than one year must be in writing. D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Page 2 of 12 Property II - Outline Form Leases and the Q of bargaining power  The underlying problem is not form leases but monopoly power – created, say, by a shortage of rental housing Selection of tenants  42 USC § 1982 – Civil Rights act o “All citizens of the US shall have the same rights . . . to inherit, purchase, lease, sell, hold, and convey real and personal property” o bars racial or ethnic discrimination – private and public in the sale or rental of property o Applies to sale and rental of all property o Requires proof of intentional and purposeful discrimination. Federal Fair Housing Act o Makes it unlawful to refuse to sell or rent a dwelling to any person because of race, color, religion, sex, or national origin o Prohibits discrimination against handicapped and people with children (except in senior citizen housing) o Prohibits discrimination in advertising or making any public statements. o Non Ex: A person refused rental because she is a follower of Hare Krishna, can not sue under this section. Ethnic: ancestry or ethnic characteristics If a black woman is refused rental of a commercial building, she can sue under this  o  Exemptions:  Private Clubs  Dwelling for religious organizations  Certain specified persons  Single Family dwelling  A person selling or leasing a dwelling she owns is exempt if she: o Doesn‟t own more than 3 such dwellings o Doesn‟t use a broker o Doesn‟t advertise in a manner that indicates intent to discriminate  Small owner-occupied multiple unit  Apartment blgs of 4 units or less  Owner lives in one  Does not advertise in a discriminatory fashion Reasonable accommodations for handicapped in rules and services  Afford tenant equal opportunity to use and enjoy dwelling 42 U.S.C.S. § 3604(a) makes it unlawful . . . to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of . . . familial status. 42 U.S.C.S. § 3604(c) makes it unlawful to make . . . any . . . statement . . . Ex: ad “mature person preferred” – implies person with no children Ex: A statement to tenant or prospective T that the landlord will not rent to persons protected by the Act is a violation of the act. Purpose: to protect some types of close personal relationships from what is thought to be invasion of privacy A person denied admittance because of these exemptions, can sue under 42 USC Mrs. Murphy‟s exceptions  Congress‟s primary concern was to make sure that D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Page 3 of 12 Property II - Outline with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on. . . familial status.  A ∏ in stating a claim under the FHA need allege only discriminatory effect, and need not show that the decision complained of was made with discriminatory intent.       can not refuse to rent to unmarried couples because of religious beliefs OK to not rent to A because A is a lawyer (discriminate on profession) Not discrimination to rent to a family of 4 but not a family of 5. It is discrimination to harass tenants for sexual favors. A policy of racial ceiling quotas on rentals violates the act. Discrimination against: mental, physical impairment, alcoholics, infectious, communicable, contagious diseases.   families with children are not refused housing when they are able to pay for it discrimination against children was not a camouflage for racism Procedure: 1. prima facie case (for discriminatory effect not intent) a. ∏ must show that he is a member of a statutorily protected class b. who applied for and was qualified to rent or purchase housing and c. was rejected d. although the housing remained available 2. Burden then shifts to ∆ to explain his intent: were actions motivated by impermissible considerations. a. Court will view subjective rationales skeptically b. Less reason to be wary of objective evidence 3. Burden then shifts back to ∏ to show that ∆‟s stated reason was pretextual.  In determining whether an ad or statement indicates impermissible racial discrimination, the court asks whether an ad for housing suggests to an ordinary reader or listener that a particular race is preferred or dispreferred for the housing in question. Courts also have allowed parties to establish violations of 42 U.S.C.S. § 3604(c) by proving an actual intent to discriminate. Where ads are clearly discriminatory, inquiry into the author‟s professed intent is largely unnecessary. For facially nondiscriminatory statements, the fact finder may examine intent. Ex: Soules – L asked about children because wanted to make sure other tenants in bldg would not be disturbed. L did offer appt to other family with children. If stereotyped all children as noisy, then discriminatory – but she didn‟t.     Who pays?  FHA pays to successful ∏s reasonable L‟s fees.  Award of L‟s fees to winning ∆s is permitted if claim is frivolous or in bad faith 14th Amendment o Prohibits State – not private – action o But State can not enforce L‟s discriminatory provisions No legitimate reason to ever ask about race – but could be some legitimate zoning reasons to ask about children. Clearly discriminatory statements:  „make sure her friends are white‟  „black tenants not allowed in the trailer park‟  „no blacks lived there and are not allowed as guests‟ D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Page 4 of 12 Property II - Outline Delivery of possession A tenant has a legal right to possession at the beginning of the lease term.  At the beginning of the term there shall be no legal optical to his right of possession A tenant must protect himself from trespassers.  No obligation on the L to assure his quiet enjoyment against wrongdoers or intruders English Rule  Implied covenant requiring L to put T in possession  Duty does not extend the period beyond the day when T‟s term begins  Remedies o Terminate Lease and sue for damages o If 3rd party in possession of part, T takes possession of remainder + reduction in rent + damages o Not obligated to pay rent for period of out possession + damages o T may go directly against 3rd party to recover possession or damages Ex (Hannan): T leased some property to L. There was no express covenant as to the delivery of the premises or for the quiet possession of the premises by the lessee. The previous tenant held over. Ex: While T was in possession, T learned that L leased the land to someone else at the same time. T stops paying rent but remains in possession. Can‟t do that: estopped to assert lack the lessors' title as an affirmative defense   Unreasonable to suppose that a man would knowingly K for a lawsuit, or take a chance of one. More reasonable to place the burden upon the L who is in a better position to know the intentions of his T Ex: L rented to T a piece of land with no access. The court held that the L breached its obligation to place the T in actual possession American Rule  T has a legal right to possession  Does not imply a duty against wrongdoers  The landlord is not bound to put the tenant and to actual possession, he is bound only to put him in legal position o No obstacles in the form of superior right of possession  T‟s remedy is against the wrongdoer and not L  Remedies o Evict and Collect damages o Hold T over for another term as a holdover T   The English rule practically prohibits the L the from leasing the premises why is in the possession of a T whose term is about to expire The L does not covenant against the wrongful acts of other and should not be held responsible for such a tort unless he is expressly so contracted Assignment and Sublease  Sublease o T retains a version o does not terminate privity of K between L & T o does not terminate privity of estate between L & T o L can not sue T1; T1 can not sue T o L has to sue T Assignment o conveys the whole of what T has o does not terminate privity of K between L & T o terminates privity of estate between L & T   L  T for $200/month. T  T1 (sublease). L can not sue T1 on theory of privity of K. L cannot sue on privity of estate. If LEE retains power of termination/RoE, substantial minority say: sublease.   L  T for $200/month. T  T1 (assigns). L can not sue T1 on theory of privity of K. L can sue on privity of estate. Page 5 of 12 D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Property II - Outline o o      L can sue either T or T1 T1 can sue L.  Partial assignment if the LEE transfers all of his interest in some physical parts of the premises. Parties who are in privity of estate have a landlord and tenant relationship if there is a privity of K, there obligations bind them regardless of whether that is privity of estate. Consent to sublet includes a consent assign. Consent to assign includes consent to a sublease. Sublease or assignment? 2 Approaches o Formulaic:  if whole  Assignment  if less then whole conveyed  sublease (T has reversion) o Ascertain intentions  Construe from surrounding circumstances  Words used are not conclusive. If L exercises power to forfeit (because of some breach), then L entitled to possession whether Ass or Subl If T merely gives up the primary lease voluntarily (surrenders it), the right of possession of SEE and AEE remain intact.   Covenants against Assignment and Sublease (commercial leases) A lease is both 1) a conveyance and 2) a K. A leasehold interest is freely alienable.  K-atual restrictions on the inability are permitted.  Consent may be withheld only where the lessor has a commercially reasonable objection  As conveyance: policy against restraints on alienation  As K: K-atual duty of good faith and fair dealing Ex (Kendall): L refused to allow assignment of lease because it really wanted to increase the rent. Court said: No – we like the minority rule. Gotta be reasonable objection based on commercial reasons and good faith. CL: L may arbitrarily refuse to accept a new tenant. Modern View: consent may be withheld only where LOR has a commercially reasonable objection to the assignment. 1. Financial responsibility of proposed AEE 2. suitability of views of the property 3. legality of the proposed use 4. need for alteration of the premises 5. nature of the occupancy (office, factory, clinic, etc)  personal taste, convenience, or sensibility D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Ex: T tried to assign to T1. T1 was already a tenant of L at another building and were negotiating extension to lease. T refused to consent to assignment because he did not want to loose T1 as tenant in the other bldg. Ground asserted by defendant for withholding consent was insufficient in law. The court concluded that the clause in the lease was for the protection of defendant in its ownership and operation of the particular property, not for its general economic protection Ex: Non necessarily unreasonable to consent to sublease to L‟s competitor. Page 6 of 12 Property II - Outline  so that LOR may charge higher rent  Downstream Ts are bound by the same convenants and restraints that are in the original lease Ex: L  T (consent required clause). T with permission assigns to T1. T1 without permission assigns to T2. Not good. Ex (Berg): L changed the locks and dispossessed T. She did not abandon. Can‟t resort to self help. This rule seems to apply to both residential and commercial leases. Self Help  Modern Law o the only lawful means to dispossess a tenant  who has  not abandoned nor  voluntarily surrendered  but who claims possession adversely  to the landlord‟s claim of breach of written lease o is by resort to a judicial process. Common Law o L may resort to self-help  to retake leased premises from a T in possession  without incurring liability for wrongful eviction o provided two conditions are met:  L is legally entitled to possession  the means of re-entry are peaceable Common law remedy for distress for rent o L could seize a defaulting T‟s property found on the premises o And retain it until payment of overdue rent o All without prior hearing. CL: Landlord has no duty to mitigate damages caused by a defaulting T. New Rule: LL required to take reasonable steps to mitigate damages if he seeks to recover rents due from defaulting T.  grounded in notions of fairness and equity  T bears the costs of any reasonable expenses incurred by L in attempting to re-let  L has BoP of proving that he used reasonable diligence in attempting to relet. o T is not excused simply by finding another tenant Factors to consider  L offered to sow apt to any prospective T  Advertised in local paper  Hired a realtor D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc o Ex: ∆ - Kridel T entered into two year lease, never took possession, and surrendered the apt. ∏ - Sommer LL claims DF owes him $5K for back rent.  Not clear that constitutes reasonable or permissible force.  Duty to Mitigate when T Abandons Ex: Perosio (T) and Riverview (L) signed a 2 year lease on an apt. ∆ took possession for about 1 yr then vacated. ∆ filed suit demanding back rent from the vacation date to the date of the suit (7 months) Perosio (T) and Riverview (L) signed a 2 year lease on an apt. ∆ took possession for about 1 yr then vacated. ∆ filed suit demanding back rent from the vacation date to the date of the suit (7 months)   New T may want different terms L not required to accept insolvent T Page 7 of 12 Property II - Outline Placed sign in window Duty not breached if  L asks higher rent  L need not ask for < fair market value  L need not substantially alter his obligations  Duty breached if  L asks for far greater rent  Does not accept a suitable subtenant T can rebut by showing that he proffered suitable Ts were rejected.   o  Surrender o T offers to end tenancy and L accepts  Extinguishes T‟s liability for FUTURE rent  But not for past breaches or accrued rent o Could be explicit by agreement of the parties o Could be Implicit  T abandons  implied offer to surrender  Intent test to determine what acts by L are acceptance  Whether L‟s actions are inconsistent with or repugnant to continuation of the original lease LL Remedies o If T failed to pay rent or breached some lease obligation   Sue for back rent and for damages  If T is in possession   L may also terminate lease and recover possession o Anticipatory Breach (AB)  When L wants to recover difference between reserved rent for unexpired period and reasonable rental value.  If L terminates because of breach, then available only by statutes  Otherwise, generally unavailable  If T abandons (repudiation), AB available if jurisdiction extends this K doctrine to leases. Security devices o Security Deposits o Advance Rent o Rent acceleration o Liquidated Damages.  Consider: (all suggestive but not conclusive) Length of new tenancy Alterations made? New rent?  Constructive Eviction o A covenant of quiet enjoyment is implied in a lease. Page 8 of 12 D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Property II - Outline o o Any act or omission o By L, agent, someone with superior title which o renders the premises substantially unsuitable for the purpose for which they are leased, or o seriously interferes with the beneficial enjoyment of the premises is a breach of the covenant of quiet enjoyment and constitutes a constructive eviction When a landlord causes a substantial interference with the enjoyment and use, with the tenant may claim constructive eviction. o CE serves as a substitute for dependency of covenants Examples of constructive eviction: o failure to supply heat o Main waste pipe clogged for so long causing offensive odors and danger to health o knowingly permit another part of premises to be used for lewd purposes making the premises unfit for occupancy by respectable family o plumbing emit strong and unhealthy odors o what if flooding is meant office every time it rained o L fails to control excessive noise from other Ts o As long as L can legally control the conduct of others Non Ex: Criminal activities in apartment building – not CE. o Unless, in lease agreement, L had duty to provide against crim activities o o o Waiver: T‟s right to claim constructive eviction would be lost if he does not vacate the premises within a reasonable time after the right comes into existence. o Reasonable time depends on circumstances o must be sympathetic toward T’s plight Partial ACTUAL eviction – split o CL: tenant is relieved of all liability for rent notwithstanding continuing occupancy of the balance o Rest 2nd: T may deceive in abatement invent a may not withhold all rent Partial CONSTRUCTIVE eviction o MOST: If L makes part uninhabitable, T is not relieved of obligation to pay rent T’s Remedies for actionable interference by L o T stays in possession and sues for damages = diff value of property with and without the breach o if breach is substantial, may leave on theory of constructive eviction o delete any liability for future rent o entitled to recover damages Implied warranty habitability    CL: Caveat Lessee. (Let the lessee beware) implied warranty not adopted in many jurisdictions Modern law: o there is an implied warranty of initial habitability and fitness in leases of urban dwellings including apartments  Exceptions:  single-family residence  agriculture or lease Objective: safe and healthy housing slum conditions not enoughEx: continued loud noise in an apartment building might be a breach; failure of the central air-conditioning D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Page 9 of 12 Property II - Outline  long-term lease  casual leases by non-merchant landlords  many don't extend the commercial leases dependent covenant doctrine: T doesn‟t pay if L breaches Ex: law professor goes on sabbatical and rents house to a visitor. o  Breach occurs when a leased premises is uninhabitable in the eyes of RPP o code violations are compelling but not conclusive  unless significant violation which has substantial impact upon safety or health Remedies o K remedies: damages, decision, reformation o continue lease and Repair-and-deduct statutes o As defense: T remains in possession and withholds rent a o o T may terminate, vacate, and recover damages continue lease and recover damages  damages usually = the introduction  Method of calculation of reduced rent  pay for premises as is – T pays for he received  loss of bargain – what T bargained for Ex: striking janitors of L - accumulated garbage created conditions in which rats, roaches, and vermin flourished. L breached warranty of habitability.  Procedure: L sues for back rent. T raises defense of breach of warranty. If successful, event is reduced partially or totally depending on the degree of breach. T may remain in possession    damages for discomfort and annoyance o damages for emotional distress unaccompanied by physical injury granted in a few cases Difference between agreed then and fair market rental value of premises as they are doing occupancy. May result in no damages if the agreed rental is the fair market rental for the premises as is difference between the fair market rental value of the premises if they had been as warranted and the fair market value of the premises as is o Ex: T rents for $100/mnth. Apt condition deteriorates over next 2 yrs. T sues for damages. If market rental as warranted is under the $160 and market rental of as it is $80, T ends up paying $20.  T can waive minor defects. o Against public policy to permit T to waive defects that make the premises unsafe and unsanitary Trend toward treating leases as Ks. o Warranty of habitability is implied in all Ks for urban dwellings. Obligation to pay rent is dependant upon the L‟s performance of his obligations o T must be given an opportunity to prove the housing code valuations as a breach of the L‟s warranty o Trier of fact to look at: 1) whether the alleged violations existed during the period for which pastD:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Trend toward treating leases as Ks. o Protect legitimate expectations of the buyer o UCC: implied warranty of fitness and merchantability o UCC: good fit for specific purpose. o Chattel renting: consumer relies on honesty and skill of supplier. Page 10 of 12 Property II - Outline due rent is claimed 2) what portion, if any or all, of T‟s obligation to pay rent was suspended by L‟s breach. a. If no portion suspended, then judgment for possession b. If entire rental obligation extinguished, then action for possession for non-payment fails c. If part of rental suspended, and T not willing to pay partial amount, then possession action succeeds. o o Product liability: consumer expectation test – privity isn‟t even required. Home builders: liable for improper construction – implied warranty of fitness Factors against traditional analysis o No longer makes sense given contemporary housing patterns o Ts not interested in the land  Interested in a house suitable for habitation o T are mobile: time in one place not sufficient to justify efforts for repairs o Complexity of today‟s dwellings o No access to L‟s controlled areas o Inability to obtain Financing for major repairs o L bargaining power – take it or leave it leases. o Impediments: form leases; discrimination Retaliatory eviction   rebuttal presumption of retaliatory eviction created if LL wants to o terminate a tenancy o increase rent o decrease services within some given period (usually between 90 and 180 days) after a good-faith complaint or other action by T o based on the condition of the premises A tenant may assert retaliatory motivation as a defense to an otherwise proper eviction. An agreement entered into in violation of the law creates no rights upon the wrongdoer – o defense of illegality does not rescind the illegal agreement; it‟s just the courts can not enforce it o T of a illegal/void lease becomes a T at sufferance. Taking unit off market  Can evict if: L makes the necessary repairs, or for sound bus reasons  Can not evict if: for retaliatory reasons     The burden shifts to T if after period. Ex (Robinson): T refuses to pay rent because L is unwilling to make repairs on a dwelling that contains numerous housing code violations. L sues to evict for nonpayment of rent. T defends that the lease is invalid under Brown, and T does no owe him any rent. T wins. L then serves T with 30 day notice to quit and sues T in unlawful detainer. T defends that the eviction is in retaliation. L says she is unwilling to make repairs and intends to take dwelling off the market. Retaliatory defense is available  Landlord Tort Liability Generally, Ls do not have a duty of care o No duty against criminal activities of 3rd persons (unless notice) o No SL on L o Exceptions o Short term lease of furnished dwellings o Duty to disclose latent defects. o Premises to be used for Public use. (store, restaurant, theater)  L knows or should know of the dangerous condition  T will probably not correct before admitting the public D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc o Implied duty to make and keep the premises habitable. No duty to care against Open & Obvious dangers. Ex: ∏ fell from a horse on land due to defective wet trail. L liable for the defects on the premises under T' control. T operating a public riding stable. The trail where the injury occurred existed prior to the lease and L knew of Page 11 of 12 Property II - Outline   o L fails to exercise reasonable care to remedy Liable to those that enter for the purposes for which the public is invited. the heavy rains during the weeks preceding the accident. L knew that T was unable to protect the public from defects because its business was losing money and due to its unwillingness to pay for liability insurance. Ex: girl injured in parking lot where kids were racing bikes – no speed bumps installed by L. L had notice, therefore, liable. Duty to make common areas reasonably safe  includes duty to take notice of known dangers and to institute needed corrective measures o  Exculpatory clauses violate public policy An illegal lease is un-enforceable. o Ex: L knows premises violate „habitable‟ housing codes. o L cannot enforce covenant to pay rent a T under in a legalese is a T at sufferance o L entitled to the reasonable rental of premises, given their conditions T can withhold rent and still stave off L‟s inevitable action to effect Ex: L sued to evict for nonpayment of rent. In defense, T argue that NORAD was due under the Nice because the unsaved unsanitary conditions of the leased premises violate the housing code Illegal Lease   D:\Docstoc\Working\pdf\7511fb8f-e223-439d-917f-2d61c3e02302.doc Page 12 of 12