landlord/tenant (ch. 10) Flashcards
Fair Housing Act of 1968
prohibits discrimination because of race, color, or national origin in sale or rental of a dwelling
Racial Quotas
a plan employing racial distinctions must be temporary in nature with a defined goal as its termination point
Case: where racial quota to make diverse community disproportionately affects minorities is not allowed; prohibits discrimination for any reason good or bad
Types of Tenancies
- Term for Years
- Tenancies at Will
- Tenancy at Sufferance
- Periodic Tenancy
Term for Years
has a definite beginning and ending calendar date. Any fixed term in calendar dates, even if less than a year, ends when specified, no need to give notice
if more than 1 year, must comply with SOF; terminates automatically
Tenancies at Will
may be created by express words or implications of law; reserves the right of termination to either party. Where lease provides that tenant shall occupy the premises so long as agreeable to both parties.
Arises by implication at law where: there is uncertainty respecting the term, Right of either party to terminate it by proper notice
Tenancy at Sufferance
Tenant wrongfully holds over after the expiration of his term; possession is by the permission of the landlord…naked possession without right, temporary only. Landlord can either accept payment or evict tenant.
Periodic Tenancy
arises when no definite time is agreed upon and the rent is fixed at so much per year or month, and is terminable at the expiration of any period for which rent has been paid; does not have to be in writing
Tenant Duties
- Not to commit waste (involuntary or voluntary waste)
- Law of Fixtures (chattel that becomes part of the underlying realty is a fixture. Typically where removal is difficult and causes destruction. Liable for the value of the fixture)
- Trade Fixtures: one used by tenant in his trade or business, can be removed but T may need to pay damages
- To pay rent: CL old rule was that T not relieved from obligation to pay rent despite the destruction of premises, interest in the soil. New rule that if K relates to the use and possession of a specific property, the existence of which is necessary to carrying out the purpose, the impossibility of performance arising from the destruction of the property shall end all obligations relating to the thing destroyed absent provisions of who bears the risk of loss.
Fixture
(1) A chattel that becomes part of the underlying realty is a fixture. (2) Traditionally, a chattel becomes a fixture when its removal is difficult and which, if removed, causes destruction.
Trade Fixture
(1) A chattel that is used by the tenant in his trade or business. (2) A trade fixture can be removed but the tenant may need to pay damages.
Independent Covenants
Liability of a Former Landowner in Contract
Usually, in the law of servitudes, only the present owner is liable for a restriction regarding use of the land.
However, in the context of a real covenant and a suit for damages, a former owner can be liable.
Tunkl Factors
1) Business of the type generally thought suitable for public regulation
2) Party seeking exculpation is engaged in performing service of great importance
3) Holds himself out as willing to perform service for any member of the public
4) Party has advantage of bargaining strength
5) No provision for purchaser to pay additional fees to obtain protection
6) Person placed under the control of seller, subject to the risk of negligence
Rent Control (Due Process)
Government price control is unconstitutional if arbitrary, discriminatory, or irrelevant to policy the legislature is trying to achieve.
Substantive Standard of Review: Minimal Scrutiny: whether law is rationally related to achieving a legitimate government interest.
Legitimate Gov. Interest: protection of consumer welfare, homelessness
Rational Related
Rent Control (Equal Protection)
Challenger is saying Gov’t is treating landlords differently if they have poor tenants.
Legitimate Government Interest
Rationally Related
