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A Tenant's Remedy for the Landlord's Breach of the Implied Warranty of Habitability -- Actual and Constructive Eviction

A lease agreement impliedly covenants that the tenant will have the peaceable use and enjoyment of leased premises that are fit for human habitation. In exchange, the tenant covenants that he will pay rent to the landlord. A landlord may file an eviction proceeding if the tenant breaches the covenant to pay rent; however, if the tenant pays rent and the landlord either physically ejects the tenant from the premises or substantially compromises the tenant's enjoyment of the premises, the landlord has breached the covenant by eviction.

Liability for Dog Bites

There are two different bases on which a dog owner may be liable for injuries inflicted by a dog.

The Statute of Frauds

A "statute of frauds" refers to a statute that requires certain types of contracts to be in writing and signed by all parties in order to be enforceable. The matter is largely one of state law and state law varies from state to state.

The Community Reinvestment Act

Prior to the enactment of the Community Reinvestment Act (CRA), many depository institutions excluded low-income neighborhoods and persons of color from taking advantage of the institutions' lending services.

Lead Hazards

The issue of lead hazards is of particular concern with regard to dwellings that were built prior to 1978. In fact, the presence of lead, lead dust, or lead-based paint chips presents serious hazards to children as well as adults.


Lexis Nexis

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