Is it reasonable (looser standard b/c the person knew about it and taken into account
in the purchase price)?
Consider: Did they have little choice? – (the restriction is everywhere)
Higher standard of reasonableness when challenged (Nahrstedt)
Did landlord use self help?
can use self help)Is that valid?
No (default term) – valid
Tenant can: 1. Stay and not pay
2. leave early and not pay
3. not leave at the end
Was there a wrongful eviction?
Then tenant can leave and not pay any more
Was there substantial interference with the tenant’s rights?
like a wrongful eviction – can repudiate and not pay
Was there a breach of Implied W. of Habitability? (Hilder)
Commercial property – generally no implied warranty
Owner-occupied single family – sometimes not
(traditionally LL had no duty)
Sometimes – have to put the withheld rent in escrow Then how can you make the repairs?
THEN – burden is on LL to sue for back rent
In a summary proceeding for back rent:
b.Even if rent did go up b/c of WofH – it could be compensating for an ineffective market – where people would be willing to pay more - Posner
c.If consumers can’t/won’t pay any more – LL’s will have to absorb the cost
d. LL has invested a lot in the building – sale price will reflect the laws