Property II

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What can landlord do if tenant doesn't pay rent?: Can either sue for damages or throw tenant off the property.
What can landlord do if tenant abandons the leasehold?: 1. Treat it as an offer of surrender and accept the surrender, retaking the premises and ending tenant's liability as of that date;
2. Re-let the premises on tenant's account and hold tenant liable for any deficiency.
What are the landlord's duties?: 1. Give tenant possession of the premises when the lease begins.
2. Deliver RESIDENTIAL premises in a habitable condition.
3. Implied covenant of quiet enjoyment.
What is the implied warranty of habitability?: L must provide property that is reasonably suited for residential use.
If landlord breaches the warranty of habitability, what can the tenant do?: Two options:
1. Move out and end the lease.
2. Stay and sue for damages.
What are the ways that landlord can breach the covenant of quiet enjoyment, and what can tenant do in each situation?: 1. Total eviction of premises, which terminates lease and ends tenant's obligation to pay.
2. Partial eviction (you can't go in the basement), which does NOT terminate the lease but allows tenant to stay and pay NO RENT. NB: If someone other than landlord, who has better title than landlord, does a partial eviction, then tenant has to pay an apportioned rent.
3. Construction eviction: L fails to provide a service that L is supposed to provide, thus making premises uninhabitable. Three requirements: a. L must do it; b. must be substantial interference with the covenant of quiet enjoyment; 3. must be an abandonment of the premises within a reasonable time after the breach.
What is an exam trick re. subleases and assignments?: They'll do a sublease and call it an assignment, or vice versa.
What covenants run with the land?: Those that touch and concern the land (that is, add value to the land).
When is a successor landlord liable on a covenant?: When the provided lease covenant runs with the land and there is either privity of contract or privity of estate.
Is a sublessor responsible to a landlord?: No. There is no privity of estate and no privity of contract.
Do non-assignment clauses prohibit subleases, and vice versa?: No. Courts construe them narrowly.
What happens if there is a partial taking under eminent domain?: The tenant is not released from his obligation to pay but gets an amount equal to the rent that will have to be paid over the remainder of the lease for the property taken.
What happens if there is a full taking under eminent domain?: The lease is extinguished and the tenant is excused from paying rent.
When is the landlord liable under tort to T or T's invitees?: Paul Flynn Likes Nose Candy.
If there is a full taking, does T share in the award?: Yes, if they made a great deal on the lease and the fair rental value of the lease exceeds the rent due under the lease.
Does landlord have to repair latent defects?: No, just has to point them out to tenant.
Is landlord liable for defects in a short term furnished dwelling, even if he knows nothing about the defects?: Yes. It's strict liability.
If landlord makes a really good repair, but it busts and hurts tenant, is landlord liable?: Yes. It's kind of a strict liability standard.
What is an easement?: A non-possessory interest in land involving a right of use.
What is an easement appurtenant?: An easement that directly benefits the use and enjoyment of an adjoining piece of land.
What is an easement in gross?: When there is no dominant estate.
What are the ways in which an easement is created?: 1. Express easement (must comply with statute of frauds);
2. Easement by implication (implied easement from former common owner) and absolute right of access situation;
3. Easement by prescription.
Can easements in gross be transferred?: Yes, if they're commercial, no if they're personal.
When are easements binding on subsequent holders of servient estates?: They are binding even if it is not in their deeds, IF the subsequent holder had notice of the easement.
Who must keep the easement in repair?: The holder.
What do you need to remember about a release of an easement?: It has to comply with the statute of frauds.
Is there an implied easement for light and air?: No.
Is a license a property interest?: No. It's a limited privilege of use. It is revocable at the will of the licensor, and it often arises from imperfect easements.
What is the remedy for a breach of license rights?: Just money damages (think of tickets).
What is an irrevocable license?: It's when there is a license plus money spent on property furthering the license. It makes the license irrevocable, and can be enforced under principles of estoppel.
Do improvements to the property make for an irrevocable license?: Yes.
What is a restrictive covenant?: It gives the right to restrict someone else's use of their land.
What are the two types of restrictive covenants?: 1. Covenant at law (when enforcing at law)
2. Equitable servitudes (when enforcing in equity)
What is required to enforce a covenant running with the law at land?: PINT

P: Both kinds of privity
I: Intent that it run with the land
N: Notice to the person against whom enforcement is sought.
T: Touch and concern the land.
What's required for vertical privity?: The successor-in-interest must take the whole estate of the one up the line.
What kind of privity is needed for a covenant running with the land, if the burden is to run AGAINST a successor-in-interest?: Both horizontal and vertical privity are needed.
What privity is needed for the benefit to run in favor of successor-in-interest?: Only vertical privity.
What does reciprocal negative servitude means?: It's an equitable servitude in subdivisions.
What are the three ways to get notice re. an equitable servitude?: 1. Actual notice;
2. Record notice;
3. Inquiry notice.
What are the equitable defenses to enforcement of an equitable servitude?: HEAL

H: Unclean Hands
E: Estoppel
A: Acquiescence
L: Laches
How can an equitable servitude be terminated?: Usually by changed conditions, but remember, it's all or nothing.
What is the mnemonic for adverse possession?: HELUVA

H: Hostile
E: Exclusive
L: Lasting
U: Uninterrupted
V: Visible
A: Actual

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Deck Info

Number of cards 42