The lessor may not interfere with a lessee s right to physical possession, use, and enjoyment of the premises. Under the covenant, the landlord may not interfere with the tenant s right to physical possession, use, and enjoyment of the premises. Duty is breached if a third party possessing superior title evicts the tenant. The tenant may be constructively evicted. If so, the duty is breached.
Constructive eviction occurs when the landlord fails to fulfill a promise in the lease.
Recently, courts have been required to decide whether there is an implied warranty of habitability in a lease of residential property. Affirmative duties have made landlords provide habitable premises at the commencement of the lease. The courts have ruled that the tenant s covenant to pay rent is dependent on the implied warranty of habitability. After the lessee takes possession, common law doesn t burden the lessor with the duty to repair and maintain the premises. The lessor does have a duty to maintain and repair common areas that stay under his supervision.