misc. Flashcards
elements of abandonment
○ Tenant vacates the premises
○ Without any justification or intention of returning
○ And defaults on his payments.
LL’s traditional remedies for abandonment
○ Sue for all rent: Keep the premises vacant until the lease term expires, and sue for all accrued rent
○ Terminate the lease: Treat the abandonment as an implied offer of surrender and terminate the lease
○ Mitigate damages and then sue for rent: Mitigate their damages by reletting the premises to another tenant, retaining that rent, and then suing the tenant for the balance
Modern majority remedy for abandonment
○ If a tenant abandons, the LL must either terminate the lease or mitigate damages. This applies to both residential and commercial leases
§ Attempts must be done personally or through an agency
§ the landlord must exert the same level of diligence to re-rent the unit that he devotes to his other units.
traditional eviction
LL could terminate a periodic tenancy at the endo of the period, not during, for any reason or no reason at all
Modern eviction
LL are often prevented from terminating for a reason that violates public policy or in retaliation when a tenant does something legal that the LL doesn’t like
retaliatory eviction
○ LL’s taking of an action because the tenant took a certain action.
○ The tenant need not demonstrate that their acts caused injury to the LL (or that the LL perceived injury) nor that the LL took on the prohibited acts with an intent to cause injury to the tenant.
Eviction procedures
○ If a tenant is in violation of a lease the LL can evict the tenant , holdover tenants can also be evicted
○ Traditionally
§ Self-help, only if LL is legally entitled to possession, and the LL’s means of reentry are peaceable
§ Bring suit
○ Modern trend
§ Only through litigation
What will compliance with the recording statute provide?
The identity of the owner of the current possessory right, info on future interest, liens, easements, and other property claims.
It will not provide info on any title defects.
When do the English or American rules apply to a tenant’s rights of possession?
At the time of delivery, once possession has been delivered it is the tenant’s duty to evict trespassers.
What is the implied warranty of quality?
An exception to caveat emptor in many states. The developer of newly constructed residential property impliedly warrants that the property is fit for its intended use.
When do sellers have the duty to disclose of off-site conditions?
if the seller is a professional seller, agent, or developer.
What are the chain of title problems?
Wild deeds, deeds recorded too late, deeds recorded too early, deeds from a common grantor
