MEE PROPERTY RULES

Question 1

Tenancy in Common

Answer 1

default estate between 2+ people.

1. separate but undivided interest
2. right to possess and enjoy the entire property; and
3. right to transfer their interest in the property freely during their lifetime or at death.

Question 2

Joint Tenancy & the right of survivorship

Answer 2

two or more people, right of survivorship

1 - clear expression of intent to create joint tenancy; and
2 - uses survivorship language.

PITT must be in place to create JT;
Possession: right to possess/enjoy property
Interest: equal share of same type of interest
Time: acquire at same time
Title: same interest of title.

Question 3

Severance of Joint Tenancy

Answer 3

If any part of PITT is severed, creates tenancy in common if 2 JTs.

If 3 JTs, JT remains with the other tenants not involved while the 3rd party is TIC

Question 4

JT granting mortgage interest in JT?

Answer 4

lien theory jx (majority): mortgage is treated as a lien, doesn’t destroy JT

title theory jx (minority): mt will terminate JT, and tenants hold as TIC

Question 5

Expenses/Payments/Costs

Answer 5

operating expenses: divided & must be necessary

rent: divided between owners after minusing operating exp.
improvements: not divided, but can get credit for repairs in a partition action.

Question 6

Ouster

Answer 6

if a cotenant denies access. other cotenant can: injunction or damages.

Question 7

leasehold interest

Answer 7

possessory estate:
tenancy for years
periodic tenancy
tenancy at will
tenancy at sufferance

Question 8

tenancy for years

Answer 8

fixed / ascertainable time

auto terminates when expires

Question 9

periodic tenancy

Answer 9

repetitive & ongoing for a set period of time until terminated by proper notice.

proper notice: m-2-m must be month before. y-2-y six month.

Question 10

tenancy at will

Answer 10

continues until terminated. can be terminated without notice. death terminates.

Question 11

tenancy at sufferance

Answer 11

tenant refuses to leave. creates temporary tenancy.

1. landlord can evict
2. landlord can re-lease; or
3. tenant voluntarily leaves.

Question 12

duty to pay rent

Answer 12

unless:

1. premises are destroyed
2. partial eviction; or
3. material breach on LL’s part.

Question 13

implied warranty of habitability

Answer 13

implied in every residential lease (not commercial)

reasonably suited for basic human needs. not waivable.

tenant may upon breach:

1. vacate
2. withhold rend
3. remedy and offset costs or
4. defend against eviction

Question 14

Implied covenant of quiet enjoyment

Answer 14

prevents LL from making premises unsuitable resulting in constructive eviction.

constructive eviction:

1. LL caused unsuitable premises
2. T notified L
3. L did not fix problem; and
4. T vacates after reasonable time

Question 15

assignment vs. sublease

Answer 15

assignment: complete transfer of remaining term. LL can collect from assignee (privity of estate ) or OG tenant. (privity of K)

Sublease: transfer of less than T’s entire remaining term. LL can only collect from T bc of privity of estate + k.

Question 16

duty to mitigate

Answer 16

LL has duty to mitigate and make reasonable efforts to re-rent property (majority rule)

minority: no duty to mitigate damages.