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It is illegal in every state, however, for a landlord to use force toevict a tenant. The landlord must first obtain a court order. The court willgenerally appoint a sheriff or other authorized officer to carry out theeviction order.A constructive eviction occurs when a landlord breaches a dutyunder the lease. This breach may take place if the landlord deprives youof heat, electricity, or some other fundamental service that was calledfor under the lease. When constructive eviction occurs, you may considerthe lease terminated, leave the premises, and stop paying rent. Decidingwhether a constructive eviction has occurred, however, is usuallya matter handled by a court.Tort LiabilityWhen someone is injured on rented or leased property, both thelandlord and the tenant may be liable. Whoever is in control of the areawhere the injury occurs is generally liable if the injury is caused by negligence.The landlord can be liable for injury caused by a defect in thecommon areas over which he or she has control, such as hallways orstairways. Likewise, as a tenant, you can be liable for injury caused bydefects in the portion of the premises over which you have control.MathematicsWhen renting an apartmentor house, youshould read and understandthe lease you areabout to sign. You shouldalso investigate all thecosts involved.Research ActivityResearch apartments inyour area. Select one thatyou would like to rent.Find out how much itwould cost to actually livethere. Include costs suchas first and last month’srent, security deposits,and utilities deposits andinstallations. Prepare abudget by using spreadsheetsoftware to recordyour findings.Reviewing What You Learned1. What are the duties of the landlord? Whatare the duties of the tenant?2. Under what circumstances may a landlordevict a tenant? How must eviction becarried out?3. Who is liable when someone is injured dueto a defect in an apartment house stairway?Why?Critical Thinking ActivityReasonable Wear and Tear What do you thinkis considered reasonable wear and tear on anapartment you have rented for one year?five years?Legal Skills in ActionLandlord LiabilitiesYou have rented a secondstoryapartment at the beach for the summer.The complex has a common picnic area withbarbeque grills, a swimming pool, and tenniscourts. You know you will have visitors allsummer long and wonder what might happen ifsomeone gets hurt. Make a list of the parts ofthe premises where the landlord would be liablefor injuries to one of your guests.Chapter 33: Renting a Place to Live 723