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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/resdplltnt0034 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT PART II. TENANT'S RIGHTS CHAPTER 6. CONDUCT OF LANDLORD OR THIRD PERSON INTERFERES WITH PERMISSIBLE USE § 6.1 Landlord's Conduct Interferes with Permissible Use C.A.2, 2019. Quot. in disc.; com. (d) quot. in disc. Tenant brought a lawsuit against landlord and neighbor, alleging, inter alia, that landlord violated the Fair Housing Act, the Civil Rights Act, and several state and federal statutes by failing to investigate or stop neighbor from verbally harassing tenant with racial slurs and threats. The district court granted defendant's motion to dismiss. This court affirmed in part, vacated in part, and remanded, holding that landlord had a duty to investigate and stop neighbor's racially-motivated harassment, because landlords could be liable for failing to intervene in the conduct of a third party if the obligation to do so existed under the Fair Housing Act. The court cited Restatement Second of Property: Landlord and Tenant § 6.1 in explaining that a landlord could be liable to its tenant for a third party's conduct that rendered the tenant's home uninhabitable if the conduct occurred on the landlord's property and the landlord could legally control such conduct. Francis v. Kings Park Manor, Inc., 917 F.3d 109, 121. PART IV. LANDLORD'S RIGHTS AND REMEDIES CHAPTER 14. EXPIRATION OF TERM OF LEASE-TENANT HOLDS OVER TITLE A. REMEDIES TO RECOVER POSSESSION FROM HOLDOVER TENANT § 14.2 Effect on Self-Help Doctrine of Availability of Speedy Judicial Remedy for Recovery of Possession from Holdover Tenant Ct.Fed.Cl.2018. Rptr's Note 6 quot. in case quot. in disc. Landlord sued the United States Postal Service, which rented a training center from plaintiff, alleging, among other things, that defendant was a holdover tenant because it failed to return a key for the training center to plaintiff following the termination of the lease. This court entered judgment in favor of plaintiff, finding that defendant was a holdover tenant, but denied plaintiff's subsequent request for attorney's fees and costs under the Equal Access to Justice Act. The court reasoned that, while it disagreed with defendant's position regarding whether it was a holdover tenant, its position was reasonable under Restatement Second of Property: Landlord and Tenant § 14.2, which provided that a tenant did not become a holdover tenant when it merely retained the keys to the premises. Stromness MPO, LLC v. United States, 140 Fed.Cl. 415, 446. PART VI. TORT LIABILITY OF LANDLORD COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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