Landlord-Tenant
Real Property · Lesson 06
Landlord-Tenant
這一課問的是：地主對房客有什麼義務？房客若被 deprive 安寧居住 — 有什麼救濟（constructive eviction · implied warranty of habitability）？
Actor
Act
Object
Standard
Consequence
Visual Scene · the picture in your head
Issue. What duties does the landlord owe the tenant — and what remedies does the tenant have for breach (constructive eviction · implied warranty of habitability)?
這一課問的是：地主對房客有什麼義務？房客若被 deprive 安寧居住 — 有什麼救濟（constructive eviction · implied warranty of habitability）？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
term of years
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Lease for fixed duration with definite end date.
定期租賃。
periodic tenancy
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Lease for successive periods until terminated by notice.
定期回轉租賃。
tenancy at will
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Lease terminable at will of either party.
隨意租賃。
tenancy at sufferance
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Holdover tenant retained without permission.
容忍租賃。
constructive eviction
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Landlord's interference substantially deprives tenant of beneficial use; tenant must vacate.
推定逐出。
implied warranty of habitability
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Residential landlord must keep premises fit for human habitation.
可居住性默示擔保。
covenant of quiet enjoyment
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Landlord must not substantially interfere with tenant's use.
安寧居住約定。
Issue · what this lesson is really about
What duties does the landlord owe the tenant — and what remedies does the tenant have for breach (constructive eviction · implied warranty of habitability)?
這一課問的是：地主對房客有什麼義務？房客若被 deprive 安寧居住 — 有什麼救濟（constructive eviction · implied warranty of habitability）？
Trigger words & phrases that should flag this issue:
uninhabitableforced to leaveno heatmoldquiet enjoymentconstructive eviction
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Classify lease | The lease is a [term of years / periodic / at will / at sufferance]. | 本租賃為 [定期 / 回轉 / 隨意 / 容忍]。 |
| Apply CE | Landlord's substantial interference, of which tenant notified landlord, justifies vacating; tenant is excused from rent. | 地主之實質干擾經通知後，房客可離開並免租。 |
| Apply IWH | Residential landlord must provide premises fit for human habitation; remedies include rent withholding or repair-and-deduct. | 住宅地主須維護可居條件。 |
| Address holdover | A holdover tenant may be evicted or treated as a new periodic tenant. | Holdover 可被逐或視為新回轉。 |
Rule Sentence · the workhorse
A landlord owes the tenant a covenant of quiet enjoyment and, for residential leases, an implied warranty of habitability; substantial breach allows the tenant to claim constructive eviction (after vacating) or remedies under the warranty (without vacating).
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人landlord地主
Act 行為providing or failing to provide habitability/quiet enjoyment提供或未提供可居/安寧居住
Object 對象leased premises租賃處所
Standard 法律標準quiet enjoyment + IWH安寧居住 + IWH
Consequence 後果tenant remedies房客救濟
Casebook Snapshot · a real American case
Javins v. First National Realty Corp.
Holding. The lease of an urban dwelling carries an implied warranty of habitability — a warranty that the premises will be fit for human habitation. Breach is established by violations of the housing code that are substantial and not caused by the tenant; rent obligations are dependent on continued compliance with the warranty.
Why it matters. Javins replaced the medieval "caveat lessee" rule with a consumer-protection model: residential leases are bundles of services, not just land.
Javins：住宅租賃帶有 IWH。
Common Mistakes · what trips students
✗ 商業租賃也適用 IWH。
✓ IWH is residential-only.
IWH 僅住宅。
✗ 房客主張 constructive eviction 不必離開。
✓ Tenant must actually vacate.
CE 要求實際離開。
✗ 一旦違反 IWH，租金自動為零。
✓ Tenant typically pays fair rental value of premises in actual condition.
通常仍應付實況下之合理租金。
✗ locks changed = constructive eviction。
✓ Actual eviction by landlord lockout is actual, not constructive.
換鎖為 actual eviction。
Mini IRAC · build the Application
Issue. May T claim constructive eviction and be excused from further rent when L's failure to repair the boiler left T's apartment unheated for two months in winter, and T notified L and then vacated?
Rule. Constructive eviction excuses a tenant from rent where the landlord substantially interferes with beneficial use, the tenant gives notice, and the tenant actually vacates within a reasonable time.
Application (model). L failed to repair the boiler despite T's notice, leaving the apartment unheated through two winter months. T then vacated. Because constructive eviction requires substantial interference with beneficial use, notice to the landlord, and actual vacation by the tenant, the fact that lack of heat for two winter months substantially deprives T of beneficial use, T provided written notice, and T vacated within a reasonable time means each element of the doctrine is satisfied.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, T may claim constructive eviction and is excused from further rent.
MBE Check · multiple choice
Residential tenant T discovers mold and leaks. T calls L; L does nothing for three months. T withholds two months' rent and stays in the apartment. L sues for unpaid rent. What result?
Mini Essay · write the Application paragraph
Facts. T leases a residential apartment from L for $2,000/month on a one-year lease. Two months in, the toilet starts leaking sewage into the bathroom and bedroom carpets. T notifies L repeatedly. L makes one perfunctory visit and never returns. After two more months living with sewage smell and mold, T moves out, sends L written notice, and stops paying rent. L sues for unpaid rent.
Call. May T claim constructive eviction and avoid liability for further rent?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: