Also known as: unsuitable · unsuitably · unfitness
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A breach of the landlord's obligations that arises when a change in the condition of leased property, occurring without tenant fault after the lease date, renders the premises unsuitable for the use the parties contemplated. The tenant may then pursue remedies including rent abatement, damages, lease termination, or application of rent to cure the condition.
A breach of the landlord's obligations that arises when a change in the condition of leased property, occurring without tenant fault after the lease date, renders the premises unsuitable for the use the parties contemplated. The tenant may then pursue remedies including rent abatement, damages, lease termination, or application of rent to cure the condition.
Select any source to read its text and confirm it supports the definition.
The condition of a parent, trustee, or attorney that renders the individual unfit to exercise parental rights, administer a trust, or practice law. Courts may remove a trustee, deny or terminate parental rights, or impose discipline when unfitness is shown.
Select any source to read its text and confirm it supports the definition.
The condition of a parent, trustee, or attorney that renders the individual unfit to exercise parental rights, administer a trust, or practice law. Courts may remove a trustee, deny or terminate parental rights, or impose discipline when unfitness is shown.
Each sense below has its own examples, sources, and questions.
Umeko Uchida leased a warehouse from United Bank that developed a leaking roof after the lease began. The defect made the space unusable for storing inventory. Umeko withheld a portion of the monthly rent and hired contractors to install a new roof, applying the withheld funds directly to the work.
Ursula Ureña signed a lease for retail space that flooded from a broken pipe the day before she was entitled to possession. The flooding rendered the premises unusable for her planned store. Ursula terminated the lease and recovered damages from the landlord.
Ursula Ung took possession of an apartment that later developed severe mold from a roof leak. After the landlord failed to repair it, Ursula applied a portion of the rent to professional remediation. The court upheld her use of rent to eliminate the unsuitable condition.
The tenant may terminate the lease, recover damages, abate rent, withhold rent, or apply rent to cure the condition, depending on the timing and the landlord's fault.
Supporting sources
Uriel Urban never registered with the putative father registry, paid no support, and visited the child only once before the adoption proceeding. When the mother consented to adoption by a third party, Uriel objected. The court found his minimal actions insufficient to establish the protected relationship and allowed the adoption to proceed without his consent.
Uma Upadhyay served as trustee of a family trust but repeatedly failed to make required distributions and ignored beneficiary requests for accountings. The beneficiaries petitioned for removal. The court found her persistent failure to administer the trust effectively and replaced her with a successor trustee.
Umar Usmani, an attorney, missed a filing deadline in one matter, causing a client to lose a claim that would have been worth a modest sum. The client filed a malpractice suit. The bar declined to pursue discipline, concluding that the isolated lapse did not demonstrate unfitness to practice law.
No. A single act that supports a malpractice claim does not by itself establish unfitness warranting bar discipline unless the conduct is so gross that it demonstrates inability to practice.
Supporting sources
A court may remove a trustee when unfitness, unwillingness, or persistent failure to administer the trust effectively makes removal in the best interests of the beneficiaries.
Supporting sources
The father must demonstrate actual parental responsibility through actions such as living with the child, visiting regularly, admitting paternity, paying support, and showing willingness to assume custody rather than merely blocking adoption.
Supporting sources
…or questions that, although otherwise within the perimeter of their constitutional jurisdiction, are appropriately thought to be unsuitable at least for immediate judicial resolution. Compare Ashwander v. Tennessee Valley Authority , 297 U. S. 288, 345-348 (concurring opinion); H. Wechsler, Principles, Politics, and…