Concurrent Estates

Question 1

Joint Tenancy (creation) T-TIP

Answer 1

T: Same title
T: Same time
I: Same interests
P: Posses rights to whole

Question 2

Joint Tenancy (severance)

Answer 2

Sale: may do so secretly, mere act of entering K sufficient.
Partition: Done voluntarily or forced sale (if in the best interest of all)
Mortgage: lien won’t sever in maj. of states
Conveyance of your portion.

Question 3

Tenancy in Common

Answer 3

1. Rent from co-T in exclusive possession: NO absent ouster
2. Rent 3rd parties: YES
3. Improvements: NO right of contribution during life of co-T, however at end road. YES

Question 4

Tenancy by the Entirety

Answer 4

Married Parties
Right of Survivorship
Neither T may unilaterally transfer
Terminated only by:
Divorce 
Death
Mutual agreement 
Execution by a joint creditor on both

Question 5

T duties

Answer 5

1. Duty to make reasonable repair. T cannot remove fixture. T liable to invited person injuries. T may however seek indemnification.
2. Common law; T responsible for any loss. Today, T may move if not T’s fault.
3. T’s duty pay rent: If don’t pay; L may SIR
   S: Surrender. L may accept T’s non-payment as surrender. If term left is >1yr. must send writing per SOF.
   I: Ignore and hold T resp. Only min.
   R: Re-let. Maj.

Question 6

L’s duties (Implied Warranty of Quiet Enjoyment)

Answer 6

Both resid. and comm. T right to quiet enjoyment from L nor paramount title holder nor hold-over T
a. Breach by actual eviction
b. Breach by constructive eviction
SING: (4) elements
S: Substantial Impairment
N: Notice given to L
G: Goodbye. T must move

Question 7

Is L liable for other T’s actions? NO

(2) exceptions

Answer 7

Nuisance

Control common areas

Question 8

L’s duties (Implied Warranty of Habitability)

Answer 8

Only residential.  What can T do?  MR3
       Move out.  Not required.
       Repair and deduct.
       Reduce rent or w/hold and place in escrow.
       Remain and seek damages

Question 9

L liability in Tort (CLAPS)

Answer 9

C: Common Areas; L must maintain common areas
L: Latent defects; L must WARN T of latent defects; no duty to fix
A: Assumption of repairs. repairs assumes repairs in reasonable manner
P: Public use. L liable when knows or should know T won’t repair based on type of lease
S: Short term lease. L liable for any defect for short term lease to fully furnished dwelling.

Question 10

Tenancy for years

(1) creation
(1) termination

Answer 10

Term of years >1 year must be in writing b/c of SOF

No notice needed to terminate

Question 11

Periodic Tenancy

(3) ways to create
(1) way terminate

Answer 11

Create:

1. Lease no mention of duration
2. Lease in violation of SOF
3. Resid. lease T holds over

Terminate:
1. Notice equal to periodic tenancy

Question 12

Tenancy at Will

Answer 12

No fixed duration. Reg. payment will create Periodic Tenancy.

Terminated by either party at either time. Today, reasonable demand usually necessary.

Question 13

Tenancy at Sufferance

(1) create
(2) terminate

Answer 13

T wrongfully held over

Lasts until either:
L evicts or holds T to new periodic tenancy.

Question 14

Chattel

Answer 14

In absence of express agreement if removal of chattel does not leave unprepared damages to premises or destruction to chattel T not manifested intention to permanently improve.