Landlord tenant laws

Question 1

in va, tenant can assert violation of implied warrranty of habitability

Answer 1

to not pay rent

Question 2

violation occurs when

Answer 2

serious threat to life, health, or safety of the occupant

Question 3

to be successful on this defense, tenant must show:

Answer 3

1) tenant gave written notice
2) failed to fix in a reasonable time (more than 30 days is presumed unreasonable)
3) tenant has paid over to the court to be held in escrow

Question 4

landlord can defeat by

Answer 4

1) does not exists, already been fixed, condition was casued by tenant, or renant has unreasonably let the landlord on property

Question 5

remedies available to landlord

Answer 5

duty to mitigate in residential leases

commercial- then no duty to mitigate in

Question 6

if commercial tenant never took title/posession,

Answer 6

may be a duty to mitigate

Question 7

Virginia, must give

Answer 7

actual possession for, while in commercial, just legal possession

Question 8

if landlord;s failure to deliver is willful,

Answer 8

1) does not have to pay rent until actual possession
2) may terminate with 5 day notice or demand he perform on the lease

Question 9

if willful

Answer 9

can also recover attorney fees

Question 10

implied warranty of habitability

Answer 10

nonwaiveable in residential leases

Question 11

duties in implied warranty of habitability

Answer 11

1) complies with health provisions, repairs to make it habitable, all common areas safe, good condition of heating or ac, free of mold, etc. 2)

Question 12

landlord liable

Answer 12

means actual damages from the breach

Question 13

after giving reasonable notice, tenant

Answer 13

places rent in escrow

Question 14

if landlord willfully or negligently fails to to supply essential service and d gives notice and a reasonable amount of time

Answer 14

can recover damages based on fair rental value or not pay and move into other housing

Question 15

security deposit

Answer 15

up to 2 months rent

after lease ended, 45 days to return security deposit and an itemized list of charges

Question 16

land sale k

Answer 16

allows a licensed realtor to serve as an agent for both buyer and seller

Question 17

part performance- need 2/3

Answer 17

purchase, possession, improvement

Question 18

standard for va OF PART PERFORMANCE

Answer 18

3 PART TEST
1) oral k was certain and definite on its terms
2) were made in pursuant to the agreement
3) so far executed that would operate as fraud upon party seeking perofrmance

Question 19

oral modifications subject to SOF

Answer 19

not enforceable

Question 20

implied warranty of fitness for residences other than condos

Answer 20

free from structual defects and would meet standard of construction trade and fit for habitation

Question 21

waiver of these warranties is permitted but

Answer 21

must be specifically and conspicuously set forth on the face of the k

Question 22

seller’s breach

Answer 22

cause of action against seller, but must first five written notice and reasonable time (up to 6 months) to fix the defect

Question 23

buyer has

Answer 23

2 years to bring suit

Question 24

warranty lasts for

Answer 24

1 year from date of transfer of title or buyer taking possession

Question 25

five year warranty with regards to the foundation

Answer 25

of the dwelling

Question 26

for condos, warranty lasts

Answer 26

2 years

Question 27

SOL

Answer 27

5 YEARS

Question 28

written notice and opportunity to correct

Answer 28

required

Question 29

Duty to disclose

Answer 29

virginia follows caveat emptor- written statement saying you can be boned

Question 30

merger

Answer 30

any obligations in the contract relate to title merge into the deed

Question 31

virginia merger

Answer 31

applies only to the obligations that relate to title or are adressed in the deed

Question 32

va follows equitable conversion

Answer 32

so risk of loss is on the buyer