Ch. 7 - Leasing Real Property

Question 1

Fair Housing Act (1968)

Answer 1

• can’t discriminate against race, religion, sex, etc…
• won’t apply to three or less units
• won’t apply to family housing w/o real estate
• don’t use in advertisement

Question 2

Fair Housing Act - prima facie case

Answer 2

• shifts burden to the defendant
• p in protected class
• p is qualified/applied
• p rejected
• property still available

Question 3

Delivery: American vs. English Rule

Answer 3

• American: delivery of legal title

- English: delivery of legal title AND physical possession

Question 4

3 Elements for constructive eviction

Answer 4

• wrongful act/omission of landlord
• substantially interferes with use and control
• notice + leave in reasonable time

Question 5

Implied Warranty of Habitability

Answer 5

• Usually based off of building codes
• includes common areas
• Does not apply to commercial buildings
• requires adequate time and reasonable notice
• violation allows tenant to stay and not pay rent

Question 6

Liability of rent (2 ways)

Answer 6

• Privity of estate (possession and succession)

- Privity of contract (eye to eye promise)

Question 7

Landlords Ability to deny assignment (3 ways)

Answer 7

• Sole discretion
• Reasonable clause (commercially reasonable, ie: bad credit, too much noise)
• Silent/No clause (default is to reasonable in CA, MAJ = sole)

Question 8

4 Types of Leaseholds

Answer 8

• Term of Years (definite period, no need for notice
• Periodic Tenancy (month to month, need 30 day notice)
• Tenancy at Will (anyone can end)
• Tenancy at Sufferance (tenant stays past, L can evict T as a trespasser, or renew rent)

Question 9

Types of Tenancy

Answer 9

• Ten. in Common - …
• Joint Ten. - …
• Ten. by the Entirety - …

Question 10

Waste (3 types)

Answer 10

• Voluntary - affirmative act
• Permissive - omission by the tenant which diminishes value
• Ameliorative - acct which increase value

Question 11

Nuisance (Def. + 3 types)

Answer 11

interference with the use and enjoyment of another’s land

• intentional - acts for the purpose of causing harm OR is substantially certain to result from the conduct
• Unreasonable - Restatement - unreasonable if gravity of harm outweighs the utility of the actor’s conduct (extent of harm, character, societal value)
• unreasonable - traditional - serious injury
• unreasonable - alternative - severe harm
• substantial - if a normal person in the community would regard the interference as strongly offensive or annoying

Question 12

Recording Index

Answer 12

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