LL and tenant

Question 1

coventants restricting tenants ability to assign or sublet

Answer 1

valid

most states: landlord may deny consent for any reason, even an unreasonable one

minority: landlord may not unreasonably withhold consent to transfers by the tentant- withholding consent reasonable if it relates to the proposed assignees financial position or questions

Question 2

tenant abandonment

Answer 2

when a tenant vacates the leased premises before the end of the term, has no intent to return and quits paying rent

liable for rent that accrues and any damages

Question 3

abandonment effect

Answer 3

implied offer to terminate the least. landlord may:

accept the offer to terminate the lease;
repossess and attempt to rely
do nothing (common law)

Question 4

mitigation of rent

Answer 4

majority: requires landlord to make reasonable efforts to mitigate damages by reletting to a new tenant
- failure to try would be breach of duty to mitigate

Question 5

three present covenants

Answer 5

1. covenant of seisin
2. covenant of right to convey
3. covenant against encumbrances

Question 6

covenant of seizin-

Answer 6

warrants grantor owns estate or interest he is conveying

Question 7

covenant of right to convey

Answer 7

grantor has power and authority to make the grant

Question 8

covenant against encumbrances

Answer 8

assuring neither phsycial encumbrances or invisible encumbrances against the little or interest conveyed

Question 9

merger doctrine

Answer 9

once closing occurs, the contract merges wit the deed and any promises in the contract concerning title that are not also in the deed are extinguished

Question 10

removal of easment

Answer 10

land subject to an easment- new owner takes it subject to the burden unless they are a bona fide purchaser with no notice of the eastment

Question 11

notice of easment

Answer 11

i. actual knowledge
ii. notice from visible appearance
iii. notice from the fact that document creating easment is recorded in public records

Question 12

contruction contract

Answer 12

implied warranties of quality or fitness for the purpose intended- b/c buyer has no opportunity to inspect

Question 13

nonconforming at the time of zoning ordianance change

Answer 13

cannot be eliminated immediately- continue indefinitely but any substantial change in use will not be permitted

Question 14

zoning variance

Answer 14

property owner must show that the ordinance imposes a unique hardship on him and that the variance will not be contrary to the public welfare

Question 15

future advance

Answer 15

provision in mortgage that provides for the availability of additional funds over a period of time

Question 16

future advance: obligatory v. options

Answer 16

obligatory- the lender must advance future funds

optional: the lender is not contractually bound to make; there may be conditions that must be satisfied in order for the borrower to be eligible for a future advance

Question 17

future advances and priority

Answer 17

if obligatory and recorded- loan and any future advances accompanying have priority over lienors who file liens after the mortgage is recorded

if option and lender has notice of lien- lender does not have priority over lienor with respect to disbursements after such notice

Question 18

title by adverse possession

Answer 18

the possessor must show

i. actual and exclusive possession
ii. open and notorious
iii. hostile
iv. continuous throughout the statutory period

Question 19

color of title effects

Answer 19

gives possessor constructive possession of whoel tract of land

Question 20

color of title definition

Answer 20

document that purports to give the possessor title but for reasons not apparent from its face does not

Question 21

tacking

Answer 21

requires privity

Question 22

adverse possessor and easements

Answer 22

adverse possessor takes the property rights that the title owner had and cannot acquire greater title from the title owner than that title owner himself had

Question 23

occupy requirement of adverse possession

Answer 23

to give the true owner notice of the extent of the adverse possesor’s claim

Question 24

covenant of quiet enjoyment

Answer 24

neither landlord nor someone with paramount title will interfere with the tenant’s quiet enjoyment and possession of the premises

Question 25

breach of quiet enjoyment through constructive eviction

Answer 25

constructive eviction if

i. landlord or someone acting for ll caused the injury
ii. breach substantially and materially deprived the tenant of her use and enjoyment of the premises
iii. tenant gave landlord notice and reasonable time to repair and
iv. tenant then vacated property within a reasonable time

Question 26

landlord duty to make repairs

Answer 26

doesn’t exist at common law unless lease or statute or implied warrant of habitability

Question 27

warranty of habitability

Answer 27

impliedo nly in residential tenancies

Question 28

mitigation by reletting

Answer 28

majority requires landlord to make reasonable efforts to mitigate damages

Question 29

surrender not found

Answer 29

tenant liable for difference between the promised rent and the fair rental value of the property

Question 30

surrender is foudn

Answer 30

tenant is free from any rent liability accruing after abandonment

Question 31

how is covenant of quiet enjoyment breached

Answer 31

actual eviction

partial eviction

contructive eviction

Question 32

actual evication

Answer 32

exlcudes tenant from entire leased premises and terminates obligation to pay rent

Question 33

partial eviction

Answer 33

by the landlord- relieves tenant of obligation to pay rent for entire premises- may be responsible for some

by third party with paramount title- apportionment of rent - liable for reasonable rental value

Question 34

latent defects in a new construction

Answer 34

contracts of sale and deed carry no implied warranties of quality or fitness for the purpose intended

implied warranty of fitness or quality applies to contracts for a builder’s sale of new residential building

Question 35

builders implied warranty of fitness or quality

Answer 35

new house is designed and constructed in a reasonably workmanlike manner and suitable for human habitation

usually just for person who purchased bus some jurisdictions allow for more remote purchasers to bring an action

Question 36

what happens to the mortgage

Answer 36

mortgagor sells property and conveys a deed, grantee takes subject to a recorded mortgage - which remains on the land

Question 37

assumption of mortgage

Answer 37

grantee promises to pay the mortgage loan and becomes primarily liable to lender and original mortgagor becomes secnodarily liable as a surety

Question 38

implication of assumption of mortgage

Answer 38

grantee pays seller amount equal to value of property minus outstanding balance on the mortgage might be deemed to have assumed the mortgage by implication

Question 39

quitclaim deed

Answer 39

release of whatever interest the grantor has in the property if any

contains no covenants for title and no assurances