Leaseholds
This leasehold automatically ends after a fixed period without requiring notice?
Term of years
Under the Sabo v. Horvath ruling, this specific type of instrument—though technically recorded—fails to provide constructive notice to a subsequent purchaser because it exists outside the chronological succession of grantors and grantees.
Wild Deed
Under what case, a landlord is liable for a "hostile housing environment" if the sexual harassment is either severe or this—a term describing conduct that happens often enough to interfere with the enjoyment of the home.
Quigley v. Winter
While the government generally has this "power" to seize land for a highway, the Takings Clause acts as a check by requiring "Just Compensation."
What is Eminent Domain?
This doctrine allows a tenant to stop paying rent and move out early if the LL substantially interferes with their use and enjoyment of the property
Constructive Eviction
In Vasquez v. Glassboro Service Association, the court used this specific contractual doctrine to protect migrant farmworkers, arguing that their lack of bargaining power rendered the "immediate eviction upon firing" clause unenforceable.
Contract of Adhesion
What does evidence of discriminatory lending trigger, and what case?
Interest rate above 9% creates a rebuttable presumption of discriminatory lending (reverse redlining), shifting the burden to the lender to prove the rate was justified by legitimate economic reasons.
M&T Mortgage (Foy)
When does a landmark restriction on property constitute a taking?
Regulatory taking analyzed under 3-factor ad hoc test: (1) economic impact on owner; (2) interference with reasonable investment-backed expectations; (3) character of government action. Also a 2-part test: magnitude of harm vs. benefit to public.
In this case, a commercial landlord could not deny a lease assignment arbitrarily and was required to act in good faith with a reasonable basis for refusal
Pestana
While a "Notice" jurisdiction protects the subsequent BFP regardless of who wins the race to the record office, this specific jurisdiction type—widely rejected for allowing "bad faith" winners—requires the subsequent purchaser to both lack notice and record their instrument first.
Race-Notice jurisdiction
What is a prima facie case of discrimination?
In a disparate treatment housing discrimination claim, this is the first step requiring the plaintiff to show they belong to a protected class, were qualified, and were denied housing while it remained available.
According to Tee-Hit-Ton Indians v. US, the government can take land occupied by Indigenous tribes without compensation if Congress has not formally recognized their title, because the tribe holds only a right of this, rather than ownership.
What is a right of occupancy?
A tenant remains in an uninhabitable apartment but withholds rent due to severe housing code violations; under this case, the tenant can assert a defense without vacating because the lease includes this implied doctrine
Implied warranty of habitability (Javins)
In McCoy v. Love, the court remanded the case to determine if the third parties were Bona Fide Purchasers, because the plaintiff had actually signed the deed, making it this—a status that allows a "Good Faith" buyer to keep the property despite the underlying fraud.
What is voidable?
What is prohibited discrimination based on housing subsidy/source of income rules under fair housing principles, and what case?
A landlord refuses to rent to an applicant receiving housing assistance, citing strict lease terms imposed by the subsidy program. The court finds liability because the refusal is based on participation in the program rather than financial inability, even though income itself is not a protected class.
DeLiddo
What is the distributive fairness / anti-cost-shifting theory of the Takings Clause?
This theory of takings law justifies compensation as a way to prevent government from forcing individuals to bear public burdens that should be shared collectively.
Unlike a trespasser, who never had a right to be on the premises, this type of tenant entered the property rightfully but remains in possession wrongfully after their lease has terminated.
tenant at sufferance (or holdover tenant)?
What is a seller's duty to disclose in a real estate transaction, and what case?
Seller must disclose facts that (1) materially affect property value, (2) are not readily observable, and (3) are not known to the buyer. Failure = fraudulent concealment → buyer entitled to rescission.
Johnson v. Davis
This specific constitutional standard was used in Familystyle to uphold a zoning ordinance
What is Rational Basis (or a "rationally related" test)?
What is the fundamental tension in Takings Law between constitutional property protection and legislative regulation of property rights?
A legal system distinguishes between protecting core property rights (requiring compensation when unfair burdens are imposed) and allowing broad legislative flexibility to define property rules without always triggering constitutional compensation requirements.