Prop II Before Midterm Flashcards
What rules apply for selecting a tenant?
Equal Protections Clause, CRA of 1866, FHA of 1968
Type of discrimination prohibited by the CRA of 1866 and the prop it applies to?
Race (and probs sexual orientation now too) in all property
Type of discrimination prohibited by the FHA of 1968 and the prop it applies to?
Race, color, religion, sex, familial status, national origin, handicap in “dwellings” (minus two exceptions)
FHA Exceptions
- Owner occupied with 4 units or less
- Single family house sold or rented w/o real estate broker
*no advertising w/ discrimination
Length of lease that needs to satisfy the Statute of Frauds
1+ year
Statute of Frauds elements
Parties, Description of the Premises, Duration, Rent, Signed
Prohibitions from the FHA
Refuse, Change, Advertise*, Suggest, Induce, Discriminate on
Duty to Deliver - English Theory
Provide legal and physical possession
Duty to Deliver - American Theory
Provide right to possession
Constructive Eviction Elements
SING- Substantially interferes, Notice to LL, Get out
(1) Wrongful conduct by LL that (2) Substantially interfered with tenant’s use & enjoyment
What is wrongful conduct from the LL in constructive eviction?
Intentional act, Failure to act, Good faith effort to fix the problem but it’s unsuccessful
3 Steps for Constructive Eviction
- Provide LL with notice of the defect or condition
- Allow reasonable time for LL to cure
- Vacate within a reasonable time after
Why is constructive eviction more common in commercial leases?
The tenant has to actually vacate (in most states)
Why was the implied warranty of habitability created?
Constructive eviction is not always possible for housing tenants since it requires vacating the prop
T/F: The implied warranty of habitability applies ONLY to residential leases
True - IWOH does not apply to commercial leases
What is the implied warranty of habitability?
Unwaivable standard that is breached if safety is a problem for living. Condition must be so serious that reasonable person would think it’s uninhabitable
Majority and minorty
Scope of “habitability” from the implied warranty of habitability
Minority- Local housing codes
Majority- Housing codes or space not fit for bare living requirements
3 Steps for Implied Warranty of Habitability
- Notify the LL of defect
- Give LL time to cure
- Seek remedies if not cured
4 remedies for the breach of the implied warranty of habitability
- Withhold rent
- Repair and deduct
- Sue for Damages
4.Terminate lease (in extreme case)
Majority and Minority tests for determining a sublease from an assignment
Majority- “what’s left” test, if no rights remain in transferring tenant it’s an assignment
Minority- intent of the parties determines
LL’s restriction of transfers: Sole Discretion Clause
LL gets a say in any tenant transfer and can withhold consent for any reason
LL’s restriction of transfers: Reasonable Clause
LL gets a say in any tenant transfer with any valid reason
LL’s restriction of transfers: No Standard/Silent
It’s implied LL will have a say and have to give a reason for denial like in reasonable clause
Surrender of a lease
LL and tenant agree to end the lease before its termination
