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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/resdplltnt0039 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT PART I. CREATION OF THE LANDLORD-TENANT RELATIONSHIP CHAPTER 1. NATURE AND DURATION OF LANDLORD-TENANT RELATIONSHIP § 1.2 Requirement That Right to Possession Be Transferred Wis.App.2021. Com. (a) and Rptr's Note 1 cit. in sup. Participant in private housing-assistance program sued charity, alleging that defendant violated landlord-tenant statutes by evicting her from her residential unit. The trial court granted defendant's motion for summary judgment. This court affirmed, holding that defendant was not required to follow procedures applicable to landlords to evict plaintiff, because the parties' housing-assistance agreement did not create a landlord-tenant relationship between them. The court acknowledged plaintiff's assertion that, under Restatement Second of Property: Landlord and Tenant § 1.2, she was a tenant because she had exclusive possession over her rental unit and had the right to control its access, but explained that the agreement expressly stated that it was not intended to be a rental agreement, and the primary purpose of the agreement was to make educational and counseling services available to plaintiff in order to help her obtain more stable housing in the future. Williams v. District Council of Madison Inc., 963 N.W.2d 909, 925. 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, 2021. Cit. in diss. op. African American tenant sued, among others, landlord and property manager, alleging that defendants violated federal and state statutes by refusing to protect plaintiff from repeated verbal, racist harassment by neighboring tenant. The district court granted in part defendants' motion to dismiss. In an en banc rehearing, this court vacated, holding that plaintiff failed to state a claim against defendants, because he failed to allege that defendants had control over neighboring tenant or that their nonresponse was clearly unreasonable. The dissent argued that defendants' obligations under the implied warranty of habitability extended to protecting plaintiff from criminal harassment by neighbors, because defendants were already obligated to remediate tenant-on-tenant criminal acts under Restatement Second of Property: Landlord and Tenant § 6.1. Francis v. Kings Park Manor, Inc., 992 F.3d 67, 95. PART V. TRANSFER BY LANDLORD OR TENANT OF INTEREST IN LEASED PROPERTY COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A -I-I 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.