Landlord Tenant Law Flashcards
Lease Agreement
Landloard Tenant Act
If tenant has fear of (list in statute) bad things, they must be allowed to change locks
Temporary Occupancy
SOmeone wants to stay in house after or before sold
Issues:
Squatters difficult to remove
be sure to explicitly state in K this is not a lease agreement, who is responsible for insurance,
can cause “as is” issues
Neighbor Law
HOA or Condo Association
often can place lien on homes if in violation - these loans precede (prime) the lender lien
Nuisance Law
Tort
“do your neighbors actions reduce your ability to use and enjoy your property?”
Common Issues:
Noise
Trees
Animals (bark/bite/smell)
Plaintiff’s septic tank is on D’s property. D cuts line, raw sewage fills P’s house. P files for nuisnace suit. Who wins?
Defendant, line cutter, wins
Rule: whoever puts improvements on properties w/out consent does so at their own parrel
Right to Farm Act
People have right to farm but this does not preempt nuisance law if they farm negligently
Clean Hands Doctrine
Cannot sue for nuisance if you do not have clean hands
tripod light example
Tree Law
Massachusets Rule
Self Help - absolute right to cut branches/roots on their side of the property
if you kill the tree, liable to owner
Restatement Approach
owner has obligation to prevent encroachment when the vegetation is artificial, but not if growing naturally
Natural = not obligated
Artificial = obligated to prevent
Hawaii Rule
Trees are not nuisance but can become so:
When a tre causes actual harm or poses imminent danger of actual harm, the neighbor may require the tree owner to pay for the damages or cut back tree
Virginia Rule
Whether the tree is “noxious” which is vague
Tornado Knocks down tree into neighbor’s yard
If healthy tree, crushed house is responsible (insurance)
If unhealthy tree, the owner of tree is responsible (insurance)
