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CHAPTER 19

Achieving Habitable Premises

    EVICTIONS—ACTUAL AND OTHERWISE

When a landlord and a tenant enter into a lease, the landlord promises that neither she nor anyone else claiming through her will interfere with the tenant's lawful possession. This promise, implied in all leases, is called the covenant of quiet enjoyment. The promise arises either from the written words of the lease—demise, let, lease, used as verbs—or in oral leases, from the relationship of landlord and tenant. In a related doctrine, a landlord's actually or constructively evicting a tenant absolves the tenant of his obligations under the lease, including the duty to pay rent.

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