LL and tenant Flashcards
coventants restricting tenants ability to assign or sublet
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
tenant abandonment
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
abandonment effect
implied offer to terminate the least. landlord may:
accept the offer to terminate the lease;
repossess and attempt to rely
do nothing (common law)
mitigation of rent
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
three present covenants
- covenant of seisin
- covenant of right to convey
- covenant against encumbrances
covenant of seizin-
warrants grantor owns estate or interest he is conveying
covenant of right to convey
grantor has power and authority to make the grant
covenant against encumbrances
assuring neither phsycial encumbrances or invisible encumbrances against the little or interest conveyed
merger doctrine
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
removal of easment
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
notice of easment
i. actual knowledge
ii. notice from visible appearance
iii. notice from the fact that document creating easment is recorded in public records
contruction contract
implied warranties of quality or fitness for the purpose intended- b/c buyer has no opportunity to inspect
nonconforming at the time of zoning ordianance change
cannot be eliminated immediately- continue indefinitely but any substantial change in use will not be permitted
zoning variance
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
future advance
provision in mortgage that provides for the availability of additional funds over a period of time
future advance: obligatory v. options
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
future advances and priority
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
title by adverse possession
the possessor must show
i. actual and exclusive possession
ii. open and notorious
iii. hostile
iv. continuous throughout the statutory period
color of title effects
gives possessor constructive possession of whoel tract of land
color of title definition
document that purports to give the possessor title but for reasons not apparent from its face does not
tacking
requires privity
adverse possessor and easements
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
occupy requirement of adverse possession
to give the true owner notice of the extent of the adverse possesor’s claim
covenant of quiet enjoyment
neither landlord nor someone with paramount title will interfere with the tenant’s quiet enjoyment and possession of the premises
breach of quiet enjoyment through constructive eviction
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
landlord duty to make repairs
doesn’t exist at common law unless lease or statute or implied warrant of habitability
warranty of habitability
impliedo nly in residential tenancies
mitigation by reletting
majority requires landlord to make reasonable efforts to mitigate damages
surrender not found
tenant liable for difference between the promised rent and the fair rental value of the property
surrender is foudn
tenant is free from any rent liability accruing after abandonment
how is covenant of quiet enjoyment breached
actual eviction
partial eviction
contructive eviction
actual evication
exlcudes tenant from entire leased premises and terminates obligation to pay rent
partial eviction
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
latent defects in a new construction
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
builders implied warranty of fitness or quality
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
what happens to the mortgage
mortgagor sells property and conveys a deed, grantee takes subject to a recorded mortgage - which remains on the land
assumption of mortgage
grantee promises to pay the mortgage loan and becomes primarily liable to lender and original mortgagor becomes secnodarily liable as a surety
implication of assumption of mortgage
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
quitclaim deed
release of whatever interest the grantor has in the property if any
contains no covenants for title and no assurances
