Duties of the Landlord Self-Quiz

 

 

 

 

 

 

 

 

New York City owns Madison Square Garden. The City rents out Madison Square Garden to “Save Saddam,” a pacifist organization so that they can hold a massive demonstration against American troop deployment in Iraq. Must New York City actually grant "Save Saddam" actual right to possess and use the Garden?
Choice 1 yes
Choice 2 yes, only if New York follows the “English” rule
Choice 3 yes, only if New York follows the “American” rule
Choice 4 no
New York City owns Madison Square Garden. The City rents out Madison Square Garden to “Save Saddam,” a pacifist organization so that they can hold a massive demonstration against American troop deployment in Iraq. NYC gives "Save Saddam" the right to use Madison Square Garden. However, when the organization tries to use the Garden to hold its rally, it finds that another organization, called “Get Saddam,” has entered and taken over the Garden and will not leave. Is New York City responsible for bringing an ejectment action against “Get Saddam” so that the tenants can enjoy their right of possession?
Choice 1 yes
Choice 2 yes, only if New York follows the “English” rule
Choice 3 yes, only if New York follows the “American” rule
Choice 4 no
Larry owns an apartment building in which Moe rents an apartment on the 31st floor. One day, the elevator in the building breaks and Larry refuses to fix it. Moe complains about the broken elevator consistently, but he continues to live in the apartment, and uses the stairs whenever he wants to get up and down to or from his apartment. Finally, Moe stops paying rent. When Larry sues for the rent, Moe claims that Larry has constructively evicted him. Is Moe correct?
Choice 1 Yes, because Larry has violated the implied warranty of habitability
Choice 2 Yes, because the broken elevator represents a substantial interference with Moe’s use and enjoyment of the apartment
Choice 3 No, because Moe has not actually left the premises
Choice 4 No, because the elevator is in a common area, and not in Moe’s apartment
Larry owns an apartment building in which Moe rents an apartment on the 31st floor. One day, the elevator in the building breaks and Larry refuses to fix it. Under the housing code in Larry’s state, a landlord must keep the elevators working properly in any building more than 5 stories tall. Moe complains to the local zoning board about the broken elevator. Larry promptly evicts Moe after giving him proper notice and allowing the notice requirement time period to elapse. Does Moe have an action against Larry for wrongful eviction?
Choice 1Yes, because a tenant cannot be evicted as retaliation for reporting a housing code violation
Choice 2 No, because it is impossible to prove what Larry had in mind when he evicted Moe
Choice 3 No, because a landlord has the right to decide to whom he wants to rent his apartments

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