LAW NOTES
by Robert J. Wise, Attorney at
Law
April 8, 2005
EVICTIONS. In 2003, a landlord filed a rent and
possession suit claiming rent from July 1, 2003. At trial, the
landlord presented evidence of delinquent rent owing from 2002 and
that the tenant failed to pay rent for May and June 2003. The
landlord won a judgment for rent and possession and $3,061.05 but
the Missouri Court of Appeals reversed the judgment because the
evidence presented did not conform to the pleadings. The tenant’s
attorney, at trial, had objected to any evidence being present
relating to the period prior to July 2003, the date specified in
the landlord’s suit. The Medve Group v. Sombright, (Mo. App.
2005). The court should not allow evidence pertaining to any period
before that specified in the suit; the landlord must have correct
information in the suit.
LEAD PAINT. A federal court of appeals held that a
tenant’s children do not have the right to sue the landlord for
failing to comply with lead-paint disclosure requirements. The
RLPHRA (“Residential Lead-based Paint Hazard Reduction Act”)
requires property owners to make certain disclosure to potential
“purchasers or lessees” prior to entering into any contract. In
this New Hampshire case, a landlord failed to make the required
disclosures and, subsequently, the tenant’s children were found to
have dangerous amounts of lead. The children (through their
guardian) sued the landlord. The First Circuit Court of Appeals
held that the children could not bring the suit because they were
not the “lessees.” The only party who can bring the suit is the
actual purchaser or “lessee.” Mason v. Morrisette,
(1st Cir. 2005).
BANKRUPTCY. The new bankruptcy legislation, which is
expected to pass and be signed by the President, will help
landlords evict tenants who file bankruptcy. Under the present law,
a tenant can get free rent for months by filing bankruptcy. Under
the new Section 311 of the bankruptcy law, an owner can proceed
with eviction (1) if he obtains a judgment for possession
before the tenant files bankruptcy or (2) if the property is
endangered or illegal use of controlled substances is taking place
on the property
METHAMPHETAMINE. The National Apartment Association
and the National Multi-Housing Council supports the Methamphetamine
Remediation Research Act of 2005 (H.R. 798) which would help
develop uniform standards for cleaning up meth labs. The NAA-NMHC
said, ” The bill would direct the U.S. Environmental Protection
Agency to develop remediation guidelines in cooperation with the
National Institute of Standards and Technology. It also directs the
National Academy of Sciences to conduct research on the potential
health effects of residual chemical exposure, a provision strongly
supported by NAA/NMHC.”
PREMISES
LIABILITY. A mother and son in Massachusetts won $223,000
damages from their landlord for emotional distress suffered as the
result of several home invasions. The jury found that the Cambridge Housing Authority had been
negligent in maintaining the premises by failing to change the door
locks, and that such negligence had been a proximate cause of two
of the three home invasions. Rodriguez v. Cambridge Housing
Authority (Supreme Judicial Court of Massachusetts,
2005.)
