Property

Front 1

LANDLORD & TENANT LAW

Back 1

generally transfers the right to exclude the tenant but the landlord remains the owner and typically manager of the property

Front 2

TYPES OF NON-FREEHOLD ESTATES

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* Term of Years

* Periodic Tenancy

* Tenancy at Will

* Tenancy at Sufferance

Front 3

TERM OF YEARS

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a non-freehold estate that lasts for a fixed period of time

*created by express agreement

*term does not have to be a year or more

*not length, but certainty of time

Front 4

PERIODIC TENANCY

Back 4

a leasehold estate over a period, such as a month, which renews for another period until a party serves notice for termination

*created by express agreement OR when governing lease is unclear/silent OR at law, holdover tenant

*month-to-month require 1 month notice

*year-to-year requires 6 months notice

Front 5

TENANCY AT WILL

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terminable at the will of either party; there is no set period of time for the estate to endure

*termination effective immediately unless agreement provided otherwise

*BUT modern statutes tend to protect from this

Front 6

TENANCY AT SUFFERANCE

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when a person, who once had rightful possession of the property, hold over after the right ends.

*Landlord may 1)treat tenant as trespasser and initiate eviction action OR 2) offer to extend the lease for another term (same period as original)

*Some modern statutes limit the maximum term under the lease extension option

Front 7

INDEPENDENT COVENANTS

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is how the obligations were generally interpreted at common law

*for instance, the tenant's obligation to pay rent did not depend on the landlord's obligation to provide peaceful enjoyment

Front 8

{PARADINE}

Back 8

___holds that at common law the obligation to pay rent is independent from the obligation to provide peaceful enjoyment (Eng rule - give actual possession/"American" rule - just give right of possession

FACTS: π leased land to △ for 3 years. Land was invaded by hostile army. Even though △ could not use the land, he was still required to pay rent.

Front 9

{SMITH}

Back 9

___holds that ouster by the landlord, such as partial evictions, excuses the obligation to pay rent

FACTS: π leased △ property for a carriage house. π built a wall encroaching about a foot onto the property. Although it did not impact the △'s use, the partial eviction excused him from the lease

Front 10

{SUTTON}

Back 10

___holds that the common law does not provide an implied warranty of fitness to the lessee

FACTS: π leased △ land for grazing cattle. The land was unfit for grazing due to prior contamination. The △ was still obligated to the lease.

Front 11

DEPENDENT COVENANTS

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is how obligations are generally interpreted under modern contract based law

*for instance, the landlord's obligation to provide peaceful enjoyment of the property is mutually dependent on the tenant's obligation to pay the rent

Front 12

{BLACKETT}

Back 12

___stands for the modern view that there is an implied warranty of quiet enjoyment. If the landlord violates it by feasance or non-feasance, then the tenant may be excused by constructive eviction.

*tenant MAY have to leave the premises to claim constructive eviction

FACTS: △s leased apts from π. π later leased space in building to lounge. Lounge was noisy. △s were excused by constructive eviction.

Front 13

{TACO BELL}

Back 13

___stands for the proposition that a tenant may be excused from the lease if the landlord accepts surrender.

FACTS: π leased land from △ for commercial development. π △ sent π a letter of surrender. π refused the surrender. However, π later implicitly accepted the surrender by negotiating with a potential tenant for its own benefit.

Front 14

{MEDICO}

Back 14

___holds that material terms of a lease are dependent covenants. If a party breaches one, the other party may be excused.

FACTS: π leased pharmacy space in a medical building to △. The lease guaranteed no one else in the building would distribute Rx. π later leased to doctors who did distribute Rx. This material breach excused △.

Front 15

{JAVINS}

Back 15

___holds that residential leases have an implied warranty of habitability that includes housing codes. Breach of that warranty may excuse the tenant from paying rent.

FACTS: Landlord leased apts to tenants. Apts came into disrepair that violated many housing codes. Landlord sued for eviction and past rent. Tenants won, asserting house code violations as a defense.

Front 16

{SOMMER}

Back 16

___holds that a landlord must make a reasonable attempt to mitigate his damages from the default of a residential lease. (Tenant MAY have to bear some costs, advertising, etc.)

FACTS: Landlord leased an apt to tenant. Tenant send a letter to landlord before moving in that he could not afford rent. Landlord did not respond and he refused to lease apt to another person. The tenant was excused.

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COMMON INTEREST COMMUNITIES

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form of property where the individuals own individual dwellings in fee simple, whether attached or detached, and also have an undivided interest in certain common assets

Front 18

{LAKESIDE}

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___holds that a rule from the master deed should be presumed reasonable unless it is arbitrary, imposes burdens substantially outweighing the rules benefit, or violates a fundamental public policy. (The reasonableness should be not be considered on the specific facts of the case but rather as it applies to the community interest. Later rules by a Home Owners’ Association are not due the presumption of validity.)

FACTS: The master deed of a condominium prohibited pets. The plaintiff purchased a unit in the condominium. She lived in the dwelling with a pet cat. The homeowners’ association demanded removal in accord with the master deed. Although her cat created no disturbance outside of her dwelling, a prohibition against pets was a reasonable term in the master deed as a matter of law.

Front 19

LIENS/MORTGAGES

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security interests in a collateral asset. The holder of the mortgage has a property right to take the property and sell it to satisfy the debt. The holder also has a priority right that means that debts are satisfied from the proceeds of a sale in order of seniority.

Front 20

{TAPPENDEN}

Back 20

___holds that when a bailor entrusts a bailee with chattel and it is reasonable that, under the circumstances, the bailee would be able to authorize repairs, then a lien placed on the property for repairs authorized by the bailee are valid against the bailor.

Facts: A car dealer allowed a customer to use a vehicle for hire while exploring a sale. The customer abandoned the vehicle at a service facility after authorizing some repairs. When the dealer located the vehicle, the service facility refused it possession by claiming a lien on the vehicle for the cost of repairs.

Front 21

{MURPHY}

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sholds that a mortgagee must exercise due diligence to obtain a fair price for the property after foreclosure. (The owner is due any excess proceeds beyond the mortgage and reasonable fees but is also personally responsible for any deficit.)

Facts: Homeowner owed $27,000 on a mortgage. The property had a fair market value of $54,000. The lender foreclosed due to nonpayment and bought the property itself for $27,000. It was the only bidder present at the auction. The lender was liable for the difference between the fair market value and the mortgage.

Front 22

TYPES OF RECORDING ACTS

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*Race - the first to properly record prevails.

*Notice - a subsequent BFP purchaser prevails.

*Race-Notice - a subsequent BFP purchaser prevails only if he records before the prior instrument is recorded.

Front 23

RECORDING ACTS

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describe how competing claims of conveyance will be resolved.

*The subsequent purchaser must be a Bona Fide Purchaser to prevail under any recording act.

*BFP must have paid value for the property and had no notice, constructive notice, or inquiry notice of the prior purchase.

*The third party cannot be the original owner.

Front 24

{HOOD}

Back 24

___holds that nominal consideration, such as $1, does not establish “paid value” sufficient to establish a subsequent BFP.

Facts: Widower signed a deed to lender in exchange for a yearly living stipend. The deed was held in escrow to be filed upon her death. However, the stipend was never paid so the widow repudiated the deal. Before her death she executed another deed to her brother-in-law for $1 and “other valuable consideration.” The deed was then recorded. After her death, the lender brought action to annul the brother-in-law’s deed.

Front 25

{MUGAAS}

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__holds that adverse possession claims are distinct from recorded title transfers and, thus, not subject to recording acts.

Facts: Widow acquired a strip of land from her neighbor through adverse possession. Over the years her fence disintegrated, leaving the property unmarked. A purchaser acquired the neighbor’s land and, due to the deed, believed it to include the strip of land the widow acquired through adverse possession. He sought to annul her unrecorded adverse possession as a subsequent BFP under the recording act.