LEASES Flashcards
What form must a lease be in to be valid
it may be oral or written. Though they are subject to public records doctrine, meaning if unrecorded it is unenforceable against a third party.
who may lease a thing?
One who has possession may lease it. The code does not require that a lease be granted by the owner`
in a lease of immovable property to be occupied as a dwelling, the lessor warrants:
a. that the thing is suitable for the purpose for which it was leased
b. that the thing is free of vices and defects that prevent its use for the purpose for which it was leased
c. that lessee will have peaceful possession of leased thing against any person who asserts ownership
d. that the lessee will have peaceful possession against anyone who has lessors consent to access
e. all of the above
E. all of the above.
What are the duties of a lessor?
- Maintain =repairs- all repairs necessary to maintain the thing in a condition suitable for the purpose for which it was leased, except those that the lessee is obligated to make (his fault or his guests fault)
- Delivery
- Peaceful Possession- lessor is liable if lessees possession is disturbed by any person claiming a right in the leased thing. The warranty of peaceful possession includes disturbances by persons with access to the thing with the lessor’s consent or who occupy adjacent property belonging to lessor. (if disturbance is issue, warranty only covers lessors disturbance, not neighbors dog)
what are duties of lessee?
- pay rent- if lessee has abandoned the premises, the lessor has right to retake anad relet as a mandatary for the lessee. The lease is not terminated, and the lessee is not relieved of his obligations under the contract. However, if lessors arrangement is incompatible with original lease, so lessee could not retake possession, then he is not acting as mandatary and lease is terminated.
When rent is not paid timely, the lessor is entitled to dissolve the lease and regain possession of premesis. 5 days notice to vacate must be given. - prudent administrator
- return thign in same condition minus normal wear and tear
under the code, a lessee may assign its right under a lease:
a. only if lease expressly permits assignment
b. unless lease prohibits assignment
c. regardless of what lease provides
d. with consent of lessor
b. unless lease prohibits assignment. a lessee can sublease the leased thing or assign his rights under the lease unless expressly prohibited. Note: a provision prohibiting any one of the alienation rights is deemed to prohibit the others.
the term of a reconducted nonagricultural lease having an initial term of one year is:
a. year to year
b. month to month
c. week to week
d. day to day
e. equal in length to initial term of lease
b. month to month.
Rules for tacit reconduction
need answer
Rules for recission of lease
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rules for warranty against eviction
*need info
Rules for wrongful seizure
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rules for quitclaim
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Which is correct?
a. in the absence of contrary agreement a mandatary is authorized to appoint a substitute
b. if the mandatary exceeds his authority he is answerable to the principal for resulting loss that the principal sustains
c. a mandatary acts outside the limits of his authoirty when he fulfills his duties in a manner more advantageous to the principal than was authorized
b. If mandatary exceeds his authority, he is answerable to the principal for resulting loss that the principal sustains.
a mandate terminates upon:
a. death of principal
b. incapacity ofprincipal
c. filing of revocatory action agains tprincipal
d. any condition that makes express revocation of mandate impossible
e. expiration of ten years from date of mandate
a. death of principal
Rules of mandatory
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