Leasehold
What is a periodic tenancy?
A landlord leases an apartment “month-to-month,” and neither party gives notice. The lease continues indefinitely under this type of tenancy.
What is part performance? and Case?
A buyer pays, takes possession, and improves land under an oral agreement, allowing enforcement despite the writing requirement—though only if those acts clearly indicate ownership rather than something else. Burns v McCormick
What is a prima facie case of discrimination under the FHA?
A plaintiff shows they are part of a protected class, applied and were qualified, were denied housing, and the unit remained available—establishing this initial requirement.
What is the Takings Clause?
This constitutional principle requires the government to pay property owners when it takes private property for public use.
O to A (A does not record). O to B (B has notice of the earlier conveyance to A).
B records. A records.
B sues A for title.
Race: B wins because she recorded first.
Notice: A wins since B had notice of the prior conveyance and thus cannot prevail over a prior grantee who bought without notice, no matter who records first.
Race-notice: A wins since B had notice of the prior conveyance, and th
What is a landlord-tenant relationship (rather than a mere license) and case?
A farmworker is fired and immediately told to leave employer-provided housing at night with no time to relocate. A court is likely to treat this arrangement as this type of legal relationship to trigger eviction protections. Vasquez
What is fraudulent misrepresentation/duty to disclose? and Case?
seller fails to disclose serious defects that materially affect property value and are not readily observable, leading the buyer to rescind the contract. Johnson v Davis
What is pretext? and Case?
A landlord claims a neutral policy for denying a tenant, but evidence shows the policy was inconsistently applied and likely a cover for discrimination. Asbury v Brougham
What happened in Kelo v. City of New London?
The government takes private homes and transfers the land to a developer to promote economic growth, which the Court upholds as a valid public purpose.
O to A (A does not record). O to B (B has no actual notice of the earlier conveyance to
A records.
B records.
B sues A for title.
Race: A wins since A recorded first.
Notice: B wins since B bought without notice of the prior unrecorded deed from O to A; it is irrelevant that A recorded first.
Race-notice: A wins since, although B bought without notice, A recorded first, and both lack of notice and recording first are required to prevail over a prior unrecorded interest.
What is the implied warranty of habitability? And case?
A tenant leaves an apartment after months of severe code violations that the landlord ignored, even though the lease says nothing about repairs. The tenant claims they owe no rent. Javins
What is a race-notice recording statute? and Case?
A purchaser records their deed first and has no knowledge of a prior unrecorded interest; under this system, they prevail over the earlier claimant. Sabo v Horvath
What is a hostile housing environment (sexual harassment)? and Case?
A landlord repeatedly makes unwanted sexual advances toward a tenant, interfering with her ability to live peacefully in her home over time. This type of claim arises under the Fair Housing Act. Quigley v Winter
What is the Penn Central test?
Courts evaluate regulatory takings by considering economic impact, interference with investment-backed expectations, and the character of the government action.
O to A (A does not record). A to B (B records).
O to Z (Z has no actual notice of deed from O to A; Z records).
B records deed from O to A.
B sues Z for title.
Race: Z wins in contest with B because the deed from O to A was recorded too late; the deed from A to B is a wild deed that Z could not find out about and thus is not bound by; Z wins even though B recorded before Z.
Notice: Z wins for the same reason; Z had no actual or constructive notice of the conveyance from O to A since the deed from O to A was recorded too late (after O conveyed to Z).
Race-notice: Z wins for the same reason; Z had no notice of the conveyance from O to A and because of the wild nature of B’s deed, it is irrelevant that B recorded first.
What is the rule that a landlord may not unreasonably withhold consent to assignment? And case?
A commercial tenant finds a financially sound buyer for their business, but the landlord refuses to approve the lease assignment simply because they dislike the new tenant. This refusal likely violates this doctrine. Pestana
What is a bona fide purchaser (BFP)? and Case?
In a dispute where Buyer 1 relies on an oral contract with part performance, and Buyer 2 later acquires the property through a fraudulent seller but records first without notice, courts will likely award title to this party.
What is source of income discrimination? and Case?
A tenant is denied housing because they receive government assistance, and the landlord objects to program requirements tied to that assistance. The court finds this unlawful under this type of protection. Deliddo v Oxford
What happened in Tee-Hit-Ton Indians v. United States? and why?
A group occupies land for generations but lacks formal recognition of ownership by the federal government; when the government takes the land, no compensation is required because no protected property interest exists.
What is mitigating damages? And case?
A tenant breaks a lease before moving in. The landlord refuses to show the apartment to interested renters for a year and then sues for full rent. The landlord will likely lose because they failed to do this. Somer
What is a bona fide purchaser (BFP)?
Even when a prior buyer claims rights through part performance, those rights may be cut off if a later purchaser qualifies under this protected status.
What is discrimination based on sexual orientation under housing law? and Case?
A landlord refuses to rent to someone due to discomfort with their sexual orientation, even though the tenant otherwise qualifies and has already paid a deposit; this violates housing protections even in a shared living arrangement where tenants control leasing decisions. State v Madison
What is a non-compensable regulatory taking under the Penn Central framework?
A regulation limits a property owner’s ability to develop land, but the property retains economic value and serves a public purpose; under this framework, no compensation is required because the burden is not unfairly concentrated.