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15 Cards in this Set
- Front
- Back
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Joint Tenancy Mortgages Severability |
Mortgage by fewer than ALL of the tenants severs the joint tenancy |
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Tenancy by the Entirety |
PA Presumes conveyance of tenancy by entirety is married couple, even if deeded as tenancy in common |
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Lease Greater than 3 Years |
Must be in Writing. But Less than 3 years can be oral
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Termination of Periodic Tenancy |
Notice of termination must be given before the beginning of the last period; if no written agreement than 15 days |
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Termination of Tenancy at Sufferance (Holdover Tenant) |
Can terminate by leaving premises or if LL leases for another term |
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Warranty of Habitability: LL's Duties |
Repair Residential Premises |
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Warranty of Habitability: Breach of Warranty for defect |
1. Material; 2. Notice of defect given to LL; 3. LL has R_ Chance to repair; 4. LL failed to repair |
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LL Constructive Eviction |
LL Substantially interferes with Tenant's Use and Enjoyment, and rent is excused if: 1. Notice and Vacates within Reasonable Period of time |
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LL Tort Liability - General Duty of R_ Care |
LL has a general duty of R_ Care for areas under his control if through R_ care he would have discovered the error and corrected it |
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PA Adverse Possession |
Continuous, uninterrupted possession for 21 years |
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Land Sale K - Adverse Possession |
PA Recognizes Title by AP if in a recorded document |
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Implied Warranty of Habitability and Workmanship |
In a land sale K, implied warranties of habitability and workmanship apply to new residential construction, including condominiums |
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Risk of Loss (Doctrine of Equitable Conversion) |
Seller retains legal title; Buyer retains equitable title. Risk of Loss passes to buyer when the land sale K is signed |
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Statutory Redemption |
PA does NOT give a mortgagor any statutory right to redeem property after conveyance at foreclosure sale. No right of redemption in PA after foreclosure |
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Delivery of Deed to Third Party Escrow Agent |
Like a gift, delivery of a deed to a escrow agent with unconditioned instructions to transfer is enforceable. Grantor MUST give a SPECIFIC time to effectuate transfer for legal delivery |
