Cases for 2nd Assessment

Question 1

Garner v. Garrish

Answer 1

Garish says he has “life tenancy” no fixed time

Question 2

Hannan v. Dusch

Answer 2

• Hannan signs lease, prior tenant still there
• English Rule & MN - landlord’s duty premise open, both legal and actual possession
  American Rule - landlord not bound to deliver actual possession.

Court stated new tenant should file eviction proceedings with current tenant. (Used American Rule)

Question 3

Licence means?

Answer 3

Giving someone permission to be on property temporarily. (Ex. Plumber)
But when someone overstays becomes periodic

Question 4

Ernst v. Conditt

Answer 4

• Court said need to look at intent of parties
• Court said nothing leftover of lease, so its an assignment
• Courts look at “4 corners” Conditt had possession at all times

Question 5

Kendall case

Answer 5

Tenant wants to transfer, landlord says no even though T2 has money
- Court said can’t unreasonably withhold consent

Question 6

Berg v. Wiley

Answer 6

Changed locks when tenant not there

• Common law rule - Self help as long as landlord (1) legally entered and (2) peaceably
• Modern Rule - No self help, go to court.

Question 7

Sommer Case

Answer 7

• Signed lease but didn’t move in
• Landlord has duty to mitigate damages
• Landlord must prove used diligence to relet premises

Question 8

Village Commons LLC

Answer 8

• Convenant of Quiet and Enjoyment
• Implied right in every case
• Landlord that denies all/portion, triggers quiet and enjoyment
• Tenant should leave in reasonable amount of time

Question 9

Actual Eviction v. Constructive Eviction

Answer 9

Actual eviction - landlord evicts

Constructive eviction - tenant makes decision

Question 10

Hilder Case

Answer 10

• Can’t say in lease that you take property “as is”
  Implied Warranty of Habitability
• Landlord didn’t fix, instead threatened tenant

Question 11

Asbury case

Answer 11

• She was told to go to another complex that had black people
• She was able to show a prima facie case

Question 12

U.S. v. Starret

Answer 12

• “White Flight”
• Court said can’t have quota
• Said it was desperate treatment under FHA

Question 13

Ragin Case

Answer 13

• All advertisements had only white people
• *Only under FHA because Civil Rights Act didn’t cover advertisements
• RULE - Whether an ordinary reader would view it to have racial preference

Question 14

RIDDLE Case

Answer 14

“Straw man” she had joint tenancy and didn’t use “straw man”

Transferred from Mrs. Riddle to Mrs. Riddle