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49 Cards in this Set
- Front
- Back
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What is a tenancy for years?
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Runs for a specified time (does not have to be years)
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Does a tenancy for years fall under the Statute of Frauds?
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Yes, unless less than 1 year.
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What happens at the end of the lease term of a tenancy for years?
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Automatic termination
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What is a periodic tenancy?
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A tenancy that continues on successive periods (ex. month-to-month)
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How much notice is needed to end a periodic tenancy?
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If tenancy is year-to-year or longer, 6 months in advance; else 1 period in advance
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What is a tenancy at will?
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Tenancy that can be terminated by either party at any time.
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When do tenancies at will terminate?
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1. A party terminates
2. A party dies 3. A party transfers their interest |
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What is a tenancy at sufferance?
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Tenancy where the tenant wrongfully remains in possession after expiration of a lawful tenancy.
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When do tenancies at sufferance end?
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Landlord takes steps to evict tenant
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What can a landlord do if a tenant continues in possession after the lease term ends?
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1. Evict
2. Bind tenant to a new periodic tenancy (hold-over doctrine) |
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Can the landlord increase rent under the hold-over doctrine?
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Yes, if landlord notified tenant before end of lease that rent would be higher
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Under the implied warranty of habitability, what must the landlord do?
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1. Comply with building/housing/health codes
2. Maintain structural components |
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What is the procedure for breaches of habitability?
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1. Tenant gives written notice specifying noncompliance.
2. 7 days pass without action 3. Tenant either a. Moves out/terminates lease b. Reduces/abates rent to amount equal to fair rental value |
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Do tenants have the duty to make repairs?
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No, except plumbing.
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What is constructive eviction?
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1. The property is uninhabitable
2. Due to the landlord's actions 3. Tenant vacates within reasonable time after giving notice |
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If a tenant stops paying rent, can a landlord use self-help?
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No.
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If a tenant stops paying rent, what can a landlord do?
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File a forcible entry and detainer action
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Can a tenant sublease without the landlord's permission?
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Yes.
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If the lease says the tenant can't assign and the tenant does anyway, is the transfer void?
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No, but the landlord can terminate the lease.
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In a sublease, whose tenant is the sublessee?
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The original lessee.
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Is a sublessee liable to the landlord for rent?
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No.
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What is the difference between a sublease and an assignment?
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Assignments must be for the entire remaining term.
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How long does the landlord have to return the security deposit after the lease terminates?
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15 days to pay or give notice of intention to impose claim
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How long does a tenant have to object to a landlord's claim on the security deposit?
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15 days
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Does a tenant have to give notice before vacating/abandoning?
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Yes. 7 days written notice by certified mail or personal delivery.
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What is an affirmative easement?
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Lets the holder go onto the servient tenement and make affirmative use of it.
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What is a negative easement?
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Prevents the owner of the servient tenement from doing something on the servient tenement.
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What is an easement appurtenant?
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Benefits the holder in the use of his land and runs with the holder's land. Must be a dominant tenement and a servient tenement.
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What is an easement in gross?
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Benefits holder even if he doesn't own a tract of land.
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Are easements in gross transferable?
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No.
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What are the types of easement by implication?
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1. Easement by estoppel
2. Easement by necessity |
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What is an easement by estoppel?
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Easement implied from existing use
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What is an easement by necessity?
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Easement reasonably necessary for the beneficial use or enjoyment of the part granted or reserved
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Must unity of title exist from a common source for easement by implication?
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Yes, under common law, but no, under the statute.
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What is required for an easement by prescription?
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1. Holder has used easement for sufficient time (gen. 20 years)
2. Use open and notorious 3. Use adverse 4. Use continuous |
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What is a real covenant?
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Written promise to do/not to do something on the land. They run with the land.
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What is an equitable servitude?
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Covenant that equity will enforce against assignee of burdened land who has notice.
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What remedy is sought for real covenants?
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Money
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What remedy is sought for equitable servitudes?
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Injunction
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What is a license?
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A privilege, revocable at the will of the licensor, allowing holder to go onto someone's land.
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Can licenses be sold?
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No.
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Florida requirements for real estate conveyances greater than one year:
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1. Written instrument
2. Signed in presence of two subscribing witnesses |
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What is equitable conversion?
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Once a contract is signed, buyer is the owner of the real property and holds risk of loss.
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What is the implied warranty of marketable title?
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Seller warrants it will provide title reasonably free from doubt at closing.
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What type of recording act does Florida have and what does it mean?
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Pure notice, meaning a bona fide purchaser prevails over prior grantees who failed to record.
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What is a bona fide purchaser?
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1. Purchaser
2. For value 3. Without actual or constructive notice |
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Who bears the burden of proving actual notice of unrecorded instruments?
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The claimant
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When can a seller be held liable for failure to disclose defects?
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Either:
1. Seller knows/has reason to know of the defect 2. Defect isn't obvious/apparent and seller knows buyer unlikely to discover it by ordinary inspection; and 3. Defect is serious and would probably cause buyer to reconsider Or: Seller actively conceals defect. |
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What are the elements of misrepresentation or fraud?
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1. Seller knowingly/negligently made a false statement of fact
2. Buyer relied on statement 3. Statement materially affected value |
