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10 Cards in this Set
- Front
- Back
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What is a fixture?
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An affixation to the realty that objectively shows intent to become part of the realty
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Can the tenant remove a fixture even if if he installs it?
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No
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When can the tenant remove a fixture?
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Absent an agreement, the tenant may remove if removal does not cause substantial harm to the premises
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What are some examples of fixtures?
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Heating systems, furnances, customized storm windows, some types of lighting
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What can the landlord do when the tenant hasn't paid rent but continues possession?
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Landlord can:
1. Evict (and sue for rent);or 2. Continue the lease and sue for rent |
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Landlord Self-Help
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When the tenant is still in possession, Landlord cannot:
- Change locks - Forcibly remove the tenant - Can't remove tenant's property |
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What are the landlord's remedies when the tenant has not paid rent and abandons the property?
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Landlord can:
1. Ignore the abandonment and hold tenant responsible for unpaid rent as if he were still there (this is the minority rule) 2. Re-let to a new tenant; landlord must make reasonable efforts to re-let (mitigation) |
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What are the elements of a constructive eviction?
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1. Substantial interference w/ tenant's quiet use and enjoyment (LL's act or failure to act creates a chronic problem"
2. Tenant gives notice of the problem 3. Tenant leaves premises w/n a reasonable time after LL fails to correct the problem |
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To which leases does the implied warranty of habitability apply?
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Residential leases only
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What is the standard for the implied warranty of habitability?
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Premises must be fit for basic human habitation; bare living requirements must be met
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