Management v possession

Question 1

Paradine

Answer 1

law does not protect beyond agreement

Question 2

Smith

Answer 2

wrongful eviction of the tenant by the landlord from a part of the premise suspends the rent under the lease

Question 3

Sutton

Answer 3

when a man undertakes to pay a specific rent for a piece of land, he is obliged to pay that rent, whether it answer the purpose for which he took it or not

Question 4

Blackett

Answer 4

Constructive eviction by an alleged breach of an implied covenant of quiet enjoyment: landlord must perform some act with the intent of depriving the tenant of the enjoyment and occupation of whole or part of the leased premise; tenant must move out in reasonable time after c eviction

Question 5

Gotlieb

Answer 5

acceptance of a surrender is create by operation of law when the parties to a lease do some act co inconsistent with the landlord-tenant relationship which implies their intent to deem the lease terminated

Question 6

Medico

Answer 6

covenants which run to the entire consideration of a contract are mutual and dependent

Question 7

Javins

Answer 7

housing code violations that arise during the term of a lease have no effect upon the tenant’s obligation to pay rent – breach of warrantability of habitability gives rise to usual remedies for breach of contract

Question 8

Sommer

Answer 8

landlord has duty to mitigate damages by making reasonable effort to relet an apartment wrongfully vacated by tenant

Question 9

Jaber

Answer 9

assignment is an outright transfer of all or part of an existing lease, the assignee stepping into the shoes of the assignor

Question 10

Kendall

Answer 10

lessor can only withhold consent to sublease when have a commercially reasonable objection (minority rule)

Question 11

Nahrstedt

Answer 11

pet restriction in recorded declaration of condo complex is enforceable against homeowner challenge unless arbitrary, imposes burdens that substantially outweigh the benefits, or violates fundamental public policy

Question 12

40 West 67th

Answer 12

business judgment rule for shareholder-tenant challenge to a decision of a residential cooperative corporation (good faith, furtherance of legitimate interest)

Question 13

Kiekel

Answer 13

declaration intended any restriction, including on rent, to be achieved through amending the declaration, not bylaws

Question 14

Broadway National Bank

Answer 14

court cannot compel trustee to violate terms of will, unless will is unlawful

Question 15

Rothko

Answer 15

no further inquiry only applies to self-dealing; in case of conflict with no self-dealing, challenged transaction must be shown to be unfair; depreciation damages if item cannot be returned (value at time of decree)