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103 Cards in this Set
- Front
- Back
Define Fee Simple Absolute
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invests holder with full possessory right now and lasts indefinitely into the future
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what are the magic words for F.S.A?
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"To A and his heirs"
not essential in WA, but common |
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what are typical words used in Fee Simple Determinable?
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"so long as" or until
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What is the future interest in Fee Simple Determinable?
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Possibility of Reverter
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in a Fee Simple Determinable, in whom is the interest created?
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Grantor
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in Fee Simple Determinable, does the transfer occur automatically or is action required?
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automatic
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in Fee Simple on condition subsequent, does the transfer occur automatically or is action required?
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action required
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in Fee Simple subject to executory interest, does the transfer occur automatically or is action required?
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automatic
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What is the future interest in Fee Simple on condition subsequent?
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right of entry (or right of reentry)
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What words are typically seen in Fee Simple on condition subsequent?
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"condition" or "reenter"
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in whom is the interest created in Fee Simple on condition subsequent?
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Grantor
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what words are typically seen in Fee Simple subject to executory interest?
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"so long as" or "until" Also, there will also be language detailing who will get the land
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in whom is the interest created in Fee Simple subject to executory interest?
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someone other than the grantor.
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What is the future interest in a Fee Simple subject to executory interest?
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executory interest
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when must the right of entry be exercised within in a fee simple on condition subsequent?
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within a reasonable time
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"To my church for use as a church building" gives the church what interest?
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fee simple absolute
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Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if liquor is ever sold on the property, then to B" |
void
fee simple absolute |
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Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A so long as no liquor is ever sold on the property, and if it is, then to B" |
void
fee simple determinable grantor has possibility of reverter |
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Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if A personally ever sells liquor on the property, then to B." |
valid under the RAP
executory interest |
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Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if liquor is sold on the property within the next 20 years, then to B" |
valid under RAP. must be less than 21 years
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Define a life estate
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an estate that is not terminable at any fixed time but cannot last longer than the life or lives of one or more persons
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Who owns the estate and who is the measuring life below
"To A for life" |
A owns the estate, A is the measuring life
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Who owns the estate and who is the measuring life below
"To A for the life of B" |
A owns the estate, b is the measuring life
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Who owns the estate and who is the measuring life below
"To A for life", later by a new deed, A conveys his interest to B. |
B has a life estate
A is the measuring life |
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Define "Waste"
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A suit against the holder of a possessory estate by someone with a non-possessory interest
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What are the remedies for Waste?
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damages (treble if intentional) and an injunction
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What three thing generally constitute waste?
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intentional damage
not keeping out the weather failing to pay property taxes of mortgage interest |
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What three types of future interests are always created in the grantor?
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possibility of reverter
right of entry reversion (most common) |
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What two types of interest are always created in someone other than the grantor?
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remainder
executory interest |
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What 4 rules are required for remainders
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1. must be created at the same time and same instrument as prior estate.
2. prior estate must be life estate. 3. doesn't "cut short" prior estate 4. no "built-in" time gap between the prior estate and the futrure interest. |
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Define "remainder"
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a future interest in transferee that is capable of taking present possession upon the termination of th epreceding estate created in the same dispositon
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What interests does the RAP apply to?
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contingent remainders
executory interests class gifts options to buy land rights of first refusal |
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what interests does the RAP NOT apply to?
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vested remainders
future interests created in the grantor |
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determine what the interest is under RAP
"To A for life, then to B for life if B has passed the bar exam, then to C" |
contingent remainder
certain to vest or fail w/i B's life good under RAP |
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determine what the interest is under RAP
"To A for life, then to A's eldest surviving daughter for her life, then to the Red Cross if and when it ever affiliates with the United Way" |
daughter has a contingent remainder, good under the RAP, Red Cross has a contingent remainder that is not certain to vest or fail w/i 21 yrs of SLIBACOI. INVALID under RAP
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In WA, if a trust creates a beneficial interest we wait to see if it _____ vests or fails within _____ years
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actually
150 |
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What are restraints on alienation?
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restrictions on transferability of land
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what is the general rule for restraints on alienation?
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generally, any restriction on the transferability of a fee simple interest in property is void
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what are the three types of restraints
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disabling restraint
forfeiture restraint promisory restraint |
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What is a disabling restraint?
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no power to transfer
ex. "to A, but A shall have no power to transfer the land w/o my consent" |
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what is a forfeiture restraint?
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ex. To A, but if \A attempt to xfer w/o my consent, the land shall automatically revert to me"
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what is a promisory restraint example?
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"To A, but A promises and covenants not to xfer trhe land without my consent"
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which restraint is always void
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disabling
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which restraints are void on fee simple absolute estates?
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all
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which restraints are valid on estates less than FSA
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forfeiture
promissory |
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right of first refusal must be __________
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reasonable
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a restraint will be struck down if it results in ______
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illegal discrimination
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what is concurrent ownership
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two or more people share possessary interest
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what are the two types of concurrent ownership
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tenency in common
joint tenency WROS |
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what kind of tenancy is presumed absent specific designation
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tenency in common
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what are the 4 unities required for JT WROS
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unity of time
unity of title unity of interests unity of possession |
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which unity is required for tenency in common?
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unity of possession
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what is unity of interests?
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equal shares
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List the tenency and interests in EX. below:
O deeds "To A, 1/2 interest as a joint tenant WROS. One week later, O deeds "to B, 1/2 interest as a JT WROS. |
tenency in common
no unity of time or title |
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List the tenency and interests in EX. below:
O deeds "to A and B as JT WROS, A to have 75% and B to have 25% interest" |
Tenency in common
no unity in interests |
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what does a conveyance of a joint tenancy interest to an outsider convert the interest into?
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tenency in common
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what theory of mortgages does WA follow?
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lien theory
mortgage does not pass title. only a lien and not enough to sever JT |
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In a concurrent tenency, if A keeps B from land by force or threat it is called an _______
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ouster
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what are the two types of partition? what are they?
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partition in kind- court places a boundry separating the properties
partition by sale- court orders sale and division of proceeds |
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are leaseholds a freehold or non-freehold estate?
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non-freehold
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What three estates can be owned by tenents
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fixed term estate
periodic estate estate at will |
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what interests does the landlord own in a leasehold?
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rents and reversion (future interest)
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What are the WA rules for termination of periodic estates (residential)
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20 days notice by L, 30 days notice by T
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What are the WA rules for termination of periodic estates (NON-residential)
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20 days notice by L or T
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what are the requirements for leases
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WAR of the leases
writing if more than one year (SOF) Acknowledgment if more than one year Recording Act if more than 2 years |
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in what 5 specific situations are landlords liable to tenents for personal injury?
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Latent Defect (hidden defect that landlord knows of or has reason to know of)
common areas leased for public use covenant to repair repair voluntarily taken and completed negligently |
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does WA hold landlords liable under a general negligence theory?
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no
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what is the implied covenant of quiet enjoyment?
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right to use land without interruption
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is the implied covenant of quiet enjoyment violated in the following facts?
T leases one-half of a duplex from L (who lives in the other half). L plays his sterio loudly at 3 am every night |
yes, L directly interferes with T's use and enjoyment of the property
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is the implied covenant of quiet enjoyment violated in the following facts?
T leases space for a store, and then discovers that "L" is not the actual owner of the building. The true owner evicts T. |
no, T can sue fake L but not real L
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is the implied covenant of quiet enjoyment violated in the following facts?
T leases an apartment, but upon moving in, discovers it is still occupied by a previous tenant who has held over when lease expired. |
yes, L has a duty to evict
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is the implied covenant of quiet enjoyment violated in the following facts?
T leases from L a house with a detached garage. Later, L changes the lock on the garage so T cannot have access to it |
yes, this is a partial actual eviction. If L locks you out of part of the premisis, yhou don't owe any rent.
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What must the tenant show to establish constructive eviction?
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1. the conditions are very bad
2. the conditions are the fault of the landlord 3. the tenant has moved out. |
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From where is the implied warranty of hability derived?
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The WRLTA
Washington Residential Landlord-Tenant Act |
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WRLTA applies only to _______?
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residential housing
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How much time does the landlord have to cure the following defect under WRLTA?
hot or cold water |
24 hours
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How much time does the landlord have to cure the following defect under WRLTA?
electricity |
24 hours
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How much time does the landlord have to cure the following defect under WRLTA?
condition hazardous to life |
24 hours
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How much time does the landlord have to cure the following defect under WRLTA?
refrigerator, range, or major plumbing |
72 hours
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How much time does the landlord have to cure the following defect under WRLTA?
all other defects |
10 days
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What remedies are available to T when implied warranty of hability is violated?
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Terminate lease and move out
abatement of the rent damages for breech of warranty self help repair and deduct from rent |
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what is max self help rent abatement for work done by contractor under WRLTA? for Tenant?
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contractor 1 mo rent per repair, 2 mo rent per year.
Tenant 1/2 mo rent per repair, 1 mo rent per year |
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Who can waive landlord's duties under WRLTA
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county attorney, state attorney general, tenant's attorney
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in WA must L attempt to mitigate rents after T abandons?
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yes
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If L attempts to re-let property after T improperly terminates, L can recover what?
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re-letting expenses
full rent while seeking a new tenant |
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What are L's two options wrt holdover tenants
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bring action for unlawful detainer
treat T as a periodic tenant |
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Can L do self help eviction in WA by changing locks and putting T's possesions out on sidewalk?
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no, L must use a judicial proceeding per WA statute.
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when answering a L/T question as first..
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if property is residential or non-residential and if WRLTA covers (residential only)
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under WRLTA L must place security deposit in ______ and return within ______ or give ______
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escrow account
14 days written explaination |
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under WRLTA, landlord who fails to follow security deposit rules is liable for ____ and for _____ fees, ____ if the deposit was willfull
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full deposit
attorney double (note that this only applies if there was a written agreement concerning security deposit) |
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in WA landlord's lien is _____ for residential tenancies
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abolished
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under WRLTA if residential tenant abandons the premises, leaving goods behind, L can hold them for ___ days, try to notify T then dispose of them.
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45
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in WA for NON-residential tenancies, L _____ assert lien ton T's goods for deliquent rent. The lien has priority over all _____ security interests in the goods
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may
PMSI |
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What is an assignment?
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a complete transfer fo the entire remaining term of the lease
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what is a sublease
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tenant retains part of the remaining term of the lease
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is L's consent required for T to enter into an assignment or sublease?
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only if the lease expressly says so.
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is a violation of a sublease or assignment clause enforseable? how?
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yes, breech of leased
L can terminate lease |
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Is L required to be reasonable in withholding consent under a assignment or sublease clause? what is the exception?
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no, selling mobile home on trailer park pad or space.
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T1 makes a sublease to T2, there is a default in rental payments. Who is personally liable to L for rent? what if it is an assignment
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T1 is always liable unless expressly released by landlord.
if an assignment, then T2 is liable. |
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define "Easement"
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non-possessory rights to use the land of another for a specific purpose
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Grant of easement should contain the following information
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1. state that it is an easement rather than a possessory estate
2. purpose 3. duration 4. location |
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WA requires a complete and accurate description of the _____, but not a complete and accurate description of the _____
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servient land
location of the easement on the servient land |
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What are the two general types of easements
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appurtenant and "in gross"
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