Section 1.1: Delivery of Possession

At the beginning of a lease, landlords must ensure that tenants receive possession of the property. This involves two aspects: legal possession and actual possession. Legal possession protects the tenant from eviction by any third party claiming rights to the property, a duty recognized in all states as established in the case of Adrian v. Rabinowitz (1936). Actual possession, in contrast, allows tenants to physically inhabit the property without interference from unauthorized individuals, such as squatters or former tenants. Most states require landlords to secure both types of possession. In some instances, however, the tenant may bear the responsibility for eviction of unauthorized occupants.

If a landlord fails to deliver possession, tenants can terminate the lease. However, this right may be waived if the tenant accepts possession of any part of the property while being aware of the landlord's failure. Regardless of the decision to terminate, tenants may pursue legal action for damages resulting from this breach.

Section 1.2: Covenant of Quiet Enjoyment

One key responsibility of landlords is to uphold the covenant of quiet enjoyment, allowing tenants to peacefully enjoy their rental property. This duty means tenants should not face disturbances from the landlord or any party with superior legal claims. Breaches of this covenant generally occur when a tenant is forced to leave due to significant issues (actual or constructive eviction).

Actual eviction occurs when a tenant is physically barred from accessing the property. If a landlord illegally evicts a tenant from the entire property, the tenant can terminate the lease and seek damages. In cases of partial eviction, tenants typically retain the right to stay and can withhold rent until they regain full access. However, some courts may choose to reduce rent based on the extent of the tenant's loss. If a third party with a stronger claim evicts a tenant, the lease is terminated, but tenants are still responsible for rent if they leave voluntarily due to an unfounded claim.

Constructive eviction arises when a landlord's actions or negligence create unlivable conditions, compelling the tenant to vacate. For instance, if a landlord neglects to repair a faulty heating system in winter, making the property unbearable, this could be construed as constructive eviction (Reste Realty Corp. v. Cooper (1969)). It's important to note that landlords typically are not liable for disturbances caused by third parties unless they have control over those parties. For example, a noisy bar below the apartment wouldn't qualify unless the landlord owns the bar. Nonetheless, landlords may need to ensure reasonable security measures in common areas (Blackett v. Olanoff (1976)).

To claim constructive eviction, tenants must notify landlords of the issue and provide time for repairs. If the landlord fails to act, tenants in many states may leave and end the lease to seek damages, or some states may permit tenants to remain while withholding rent until repairs are made.

Section 1.3: Maintaining Property Conditions

Landlords are responsible for the upkeep and safety of rental properties. Traditionally, tenants accepted properties "as is," especially in commercial leases. However, modern residential leases emphasize the importance of property maintenance for habitability. Landlords must disclose any hidden dangers and maintain common areas in safe conditions, as exemplified by Sargent v. Ross (1973).

In residential leases, an Implied Warranty of Habitability (IWH) guarantees that landlords will provide and sustain livable spaces. Violations may include serious issues like hazardous conditions or significant pest infestations, while minor concerns, such as a dripping faucet, typically do not breach the warranty. Notably, this warranty cannot be waived or limited in the lease agreement; any attempt to do so is legally invalid.

To enforce the IWH, tenants must first notify landlords of the issue and allow reasonable time for resolution. If unresolved, tenants have several options:

• Terminate the lease and vacate,
• Stay and withhold rent until repairs are made (with some states requiring withheld rent to be held in court for repairs), or
• Make necessary repairs themselves and deduct the costs from future rent, as supported by Marini v. Ireland (1970).

Additionally, tenants can seek damages for unresolved issues.

Section 1.4: Protections Against Retaliation

The principle of retaliatory eviction safeguards tenants from punitive actions, such as eviction, for asserting their rights or reporting problems. The burden of proof regarding retaliation varies by state; in some cases, retaliation is presumed if the landlord acts shortly after a tenant's complaint. This protection is usually found in residential leases, with a few states extending it to commercial leases.