Constructive Eviction
Lessor / Lessee
More Lessor / Lessee
Tenancy Rules
Selling Real Property
100
Definition of Untenantability
Interference of such nature that the property cannot be used for the purposes for which it was rented
100
What is the Implied Warranty of Habitability?
Requires that the landlord maintain "bare living requirements" and that the premises are fit for human occupation.
100
What is the objective test for determining whether a tenant has created a sublease or an assignment?
If the transfer grants possession for the remaining term of the lease, it is an assignment.
100
Four Ways to End a Tenancy

1)  Natural ending of term (most end this way)

2)  Surrender (mutually agreed early termination)

3)  Abandonment (move out early w/o landlord approval)

4)  Eviction

100

Equitable Estoppel Elements (2)

Either Party:


1)  Acts to their detriment on the other party's promise; AND

2)  Serious injury would result if enforcement is refused

200
True / False.  Constructive eviction cannot exist where the tenant does not surrender the property.
True
200
Describe the type of privity and basis of law for lessor / lessee relationships.

They are in privity of estate (property law).

They are in privity of contract (contract law).

200
What is a novation?
An express release of the lessee / assignee / sublessor by the lessor for any liability stemming from the original privity of contract.
200
Restatement Elements of Abandonment (4) - you need all four to find abandonment

1)  Vacate

2)  Without justification

3)  Without intent to return

4)  Default on payment of rent

200

Part Performance Elements (3)

Buyer Enforcement:

1)  Takes possession; and

2)  Pays part of the purchase prize; AND / OR

3)  Makes improvements

300
What can constitute the "wrongful conduct" required by constructive eviction?

Act or Omission.

List of Omissions:

1)  Fails to perform a lease obligation

2)  Common area

3)  Breaches statutory duty

4)  Fails to perform promised repairs

5)  Allows nuisance-like behavior

300
Two ways in which a tenant can transfer their interest.

1)  Sublease

2)  Assignment

300

Compare and contrast:

1)  Sole Discretion Clause

2)  Reasonableness Clause

3)  Silent Consent Clause

1)  Sole Discretion Clause - lessor can refuse consent to sublet or assignation for any reason whatsoever

2)  Reasonableness Clause - lessor may refuse only for commercially reasonable reasons

3)  Silent Consent Clause - lessor must consent, but fails to state a standard for making that decision (majority rule is that this = sole discretion clause)

300
Landlord options if the tenant abandons (3)

1)  Sue for rent; keep premises vacant (must mitigate)

2)  Terminate the lease

3)  Relet the premises, collect that rent, sue for any balance

300

Exceptions to Statute of Frauds for Real Estate Purchases

1)  Part Performance

2)  Equitable Estoppel

400
True / False.  A landlord is not responsible for third party acts, but only for those acts or omissions by the landlord.
False.  The landlord's duty extends to third party conduct if the landlord had the right to control those third parties.
400
Who owes rent to whom (what privity does it follow)?
Rent follows privity of estate, not privity of contract.
400
Describe factors for finding a landlord's decision commercially reasonable (4)

1)  Financial responsibility

2)  Legality of use

3)  Need for alterations

4)  Nature of occupancy

400
True / False.  In order to mitigate damages, the landlord is required to accept any offer which would totally eliminate the liability of the former tenant.
No.  They are required to use reasonable diligence and accept fair market value from reasonably qualified potential lessees.
400
True / False;  Marketable title can be contracted away.  Also, what does marketable title mean?
True.  Marketable title is reasonably free from doubt as to validity (not no risk, just minimal risk).
500
Procedural Steps for Constructive Eviction (3)

1)  Notify the landlord

2)  Give reasonable period to remedy

3)  Vacate

500

Does the original lessor have privity of estate with the lessee's assignee?

Yes.  Privity of Estate travels with the assignment.

500
Describe factors for finding a landlord's decision commercially unreasonable (3)

1)  Personal taste

2)  Convenience

3)  Sensibility

500
Rules for Security Deposits (5)

1)  Limits the amount

2)  Must be refundable

3)  Limits how they can be used

4)  Landlord carries burden of proof

5)  Statutory damages for bad faith

500

Types of Unmarketable Title (3)

1)  Seller selling you something they don't own.

2)  Title is subject to an encumbrance.

3)  If reasonable doubt exists to 1 or 2 above.

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