Landlord and Tenant Flashcards
Can a fitness corp enforce a lease covenant if (1) landlord require fitness co to make clients sign waivers, (2) landlord transfer lease to fitness corp, (3) fitness co never consented, (4) fitness co stopped making clients sign waivers?
Yes - attornment means fitness co must honor covenant in lease by landlord to fitness corp - liability waiver is valid covenant b/c it touches + concerns land b/c clients use gym facility
Can Springfield Mall successfully sue Ned Flanders if (1) Ned had a lease for 2 Leftoriums over 2 city blocks, (2) lease silent about condemnation, (3) Springfield city condemned one block and compensated Springfield Mall, (4) city demolished one leftorium to build a public park, (5) Ned stopped paying rent on both leftoriums so Mall sued for both?
Yes but only for one leftorium b/c Ned is also entitled to compensation - since this is a partial condemnation b/c only one of the two leftoriums have been taken, Ned must continue to pay rent on one of the leftoriums while getting compensation for the one that was taken, which is delivered in the form of release from obligation to pay rent - technically the lease is not terminated b/c this is only partial condemnation
Can Carter Pewterschmidt recover rent from Anna Kournikova if (1) Carter rented luxury property to Anna for 1Y, (2) Quahog government condemned tennis courts on property b/c fail safety standards, (3) Carter didn’t know about failed standard, (4) lease expressly required Carter to maintain basic upkeep of the tennis courts, (5) curing failed safety would take 1Y, (6) Anna moved off and refused to pay rent?
Yes - Anna is still required to pay the rent b/c the problem with the tennis courts is only a partial condemnation, although she may get compensation for her inability to use the tennis courts - retrofitting for failed safety standards =/= basic upkeep - Quahog is superior claim to Carter, so even though there is a partial eviction, Anna is still required to pay rent - there is no partial eviction b/c the retrofitting doesn’t interfere w/ Anna’s use of the rest of the property, nor was the tennis court a condition for paying rent
Can Chalmers sue Skinner for damages for the portion of the lease when Chalmers was not in possession if (1) Skinner and Chalmers orally agreed to 6M lease starting 7/1, (2) Chalmers already paid for 1st month’s lease before moving in, (3) Chalmers arrived on 7/1 to find Skinner’s mother still holding over though her lease ended on 5/31, (4) Chalmers successfully sued and evicted Skinner’s mother but didn’t tell Skinner until after getting possession?
No - Skinner delivered the legal right of possession b/c Skinner, as the landlord, didn’t do anything to prevent Chalmers from moving in at the start of the lease - Skinner’s mother’s lease had already ended before Chalmers’ lease began so Skinner’s mother was a trespasser - Skinner only needed to deliver legal and not actual possession under Oregon jurisdiction in this hypo
Can Homer sue Cookie for breach of their lease agreement if (1) Homer leased office to Cookie for 5Y, (2) provision prohibited Cookie from assigning lease w/o Homer’s permission, (3) Cookie complied for 18M, at which point she leased the premises to Gil for 1Y w/o Homer’s permission, (4) Homer accepted rent from Gil w/o objection during the 1Y, (5) Cookie then entered into written agmt to lease the premises to Gil for the remaining 30M of 5Y period?
Yes - b/c Homer’s lease prohibited assignments (complete transfer of remaining lease term) w/o his permission and Cookie breached that very term by creating an assignment in leasing the remaining 30M term to Gil, allowing Homer to bring suit against Cookie - it doesn’t matter that Homer accepted Gil’s rent payments during the 1Y - that was a sublease, for which there was no prohibition, so Cookie was permitted to sublet her lease and Homer’s acceptance of Gil’s rent doesn’t constitute a waiver of the prohibition against assignments
How much can Marge recover if (1) she rented a place to Kirk VanHouten for 1Y at $2.5K per month due on the first of the month, (2) Kirk gave notice to vacate on 8/1, (3) Kirk moved out on 8/31, (4) Kirk didn’t pay any rent for July or August, (5) Marge didn’t try to find another tenant but could’ve rented the place for $2K if she tried, (6) duty to mitigate in Oregon?
Marge can recover $7K b/c (1) total damages would’ve been $15K: 2.5K x 6 MO (7/1-12/31) = 15K, (2) duty to mitigate for only 4 months would’ve reduced damages by $8K: 2K x 4 MO (9/1-12/31) = 8K - mitigation would have only been relevant to the last 4 months - she would’ve been entitled to the entire $2.5K for July and August b/c Kirk still occupied the premises and would not have been able to mitigate even for those two months even if she wanted
Can Dee sue Frank for her injuries if (1) Dee leased a hair salon fro mFrank for 5Y, (2) Frank conveyed the salon to Mac subject to Dee’s lease after 6MO, (3) Dee paid Mac after the conveyance, (4) 1W later, pipe burst and flooded salon, (5) Dee fell trying to manage flooding and broke her arm, (6) Frank knew pipe was old, rusted and needed repairs but didn’t tell Dee or Mac but just painted over evidence of prior flooding?
Yes - Frank is responsible for injuries occurring in (1) common / public areas, (2) non-common areas under his control, or (3) as a result of hidden defect / faulty repair by him or his agent - Frank knew pipes needed repaired but didn’t fix or warn Dee, thereby making him responsible under (3) - even though Frank transferred the lease to Mac, he still remained liable for covenants as the original landlord - however, there is no longer privity of estate with Dee, but that isn’t needed for Dee to recover against him
Why would Lisa not be obligated to repair damage to a building she leased if (1) she rented a two story building operating a store on the first floor while living on the second, (2) when she was back in Springfield for a weekend, thief broke in, (3) break-in exposed to elements so frozen water made the pipes burst and caused structural damage to whole building, (4) Lisa came back and promptly told the landlord, (5) provision in lease requires Lisa to maintain and repair premises?
The lease was residential - landlord cannot contract away its duty to make repairs on Lisa for a residential lease and any attempt to do so in the contract would be void - especially if repairs didn’t arise from Lisa’s acts and she promptly notified landlord for the need to make repairs - if this were a commercial lease, it wouldn’t matter if the damage was caused by a criminal act b/c she would’ve still been responsible for the repairs due to the provision in the contract
Can Charlie collect rent from Dennis if (1) Charlie leased a warehouse to Dennis for 10Y, (2) no mention of covenant of quiet enjoyment, (3) Charlie tried to mortgage the warehouse for a loan but found that Frank, who sold the warehouse to Charlie, actually sold the warehouse to Ponderosa first, who also recorded the deed before Charlie bought it, (4) Ponderosa forgot about his interest, (5) Dennis started refusing to make payments and actually demanded the return of rent he paid and wanted to cancel the lease?
Yes - he could ask for rent b/c no one had tried to eject Dennis yet, he needs to pay rent as long as no one tries to kick him out - although covenant of quiet enjoyment is in every lease, it hasn’t been breached b/c anything that could potentially challenge Charlie’s interest, such as Ponderosa’s competing interest, would not disturb Dennis’ lease - as such, Dennis’ covenant of quiet enjoyment has not been breached and so Charlie is entitled to rental payment pursuant to the lease
