Leasing Real Property

Question 1

Burden shifting approach

Answer 1

1. Plaintiff established a prima facie case of discrimination by showing that: (a) he is a member of a protected class and defendants knew or suspected that he was; (b) he applied for and was qualified to rent the property; (c) defendants rejected his application; and (d) the property remained available thereafter.
2. Burden shifts to defendants to provide “ some legitimate nondiscriminary reason” for rejecting the application
3. If defendants do so, plaintiff must show that the reason is a mere “pretext”

Question 2

Non freehold estates

Answer 2

Term of years tenancy
periodic tenancy
tenancy at will
tenancy at sufferance

Question 3

Term of years tenancy

Answer 3

Tenancy fixed duration that is agreed to in advance.
“ to T for ten years, starting June 1, 2021”

Question 4

Periodic tenancy

Answer 4

tenancy is set for period that is automatically renewed for successive periods unless one party ends it by giving notice.

Question 5

Tenancy at will

Answer 5

tenancy that lasts as long as both parties desire.

Question 6

tenancy at sufferance

Answer 6

tenancy created when a person who rightfully took possession continues in possession after that right ends.

Question 7

Private nuisance

Answer 7

The plaintiff in a private nuisance case must establish that the defendants conduct resulted in an intentional, non trespassory, unreasonable and substantial interference with use and enjoyment of the plaintiff’s enjoyment of the land.

Question 8

Defendants conduct is intentional . . .

Answer 8

The defendants conduct is intentional if he acts for the purpose of causing harm or he knows that the harm is resulting or is substantially certain to result from his conduct. The interference must not involve any physical entry onto the land of another . For example, noise, vibration, light, and odors are all viewed as nontrespassory invasions.

Question 9

Gravity of Harm Test

Answer 9

The defendants conduct is unreasonable if it causes substantial harm regardless of the social utility of the conduct.

Question 10

Restatement Standard

Answer 10

conduct is unreasonable if the gravity of harm outweighs the utility of the conduct.