Chpt. 7 Commercial Land Transactions

Question 1

When can LO discriminate?

Answer 1

when unit is in building w/ 4 or less units

single family home owned by LO if they have fewer than 3 house and does not use a broker

Question 2

5 elements to burden shift discrimination system

Answer 2

1. protected class
2. LO K or SHK
3. P qualified to rent/ purchase
4. P rejected
5. property remained available after rejected

Question 3

term of years tenancy

Answer 3

• fixed, agreed upon duration

- T’s possessory rights expire automatically at the end of the term

Question 4

periodic tenancy

Answer 4

• auto-renewal for successive periods unless L or T notify or terminate
• requirement period= 1 payment period

Question 5

tenancy at will

Answer 5

• no fixed end
• as long as both parties want
• notice= one rental period
• auto-terminate if either party dies, T abandons, or LL sells property

Question 6

tenancy at sufferance

Answer 6

-T holds over: continues to occupy after right of possession ends
-LL can treat T as trespasser and evict
OR can renew term of original lease

Question 7

English Rule: delivering possession

Answer 7

when lease is silent on point, LL must deliver actual possession of the premises at the beginning of the term

Question 8

constructive eviction

Answer 8

wrongful conduct by LL that substantially interferes with tenant’s beneficial use and enjoyment of leased premises

Question 9

implied warranty of habitability

Answer 9

(residential only)

T can escape lease b/c of unlivable conditions unless LL fixes in reasonable time

Question 10

remedies for breach of IWH

Answer 10

• w/hold rent
• repair and deduct
• may vacate
• decrease % of FMV decrease
• sue for damages

Question 11

Privity of T’s interest

Answer 11

permissible UNLESS constrained by the lease