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Property > Prop II Before Midterm > Flashcards

Prop II Before Midterm Flashcards

1
Q

What rules apply for selecting a tenant?

A

Equal Protections Clause, CRA of 1866, FHA of 1968

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2
Q

Type of discrimination prohibited by the CRA of 1866 and the prop it applies to?

A

Race (and probs sexual orientation now too) in all property

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3
Q

Type of discrimination prohibited by the FHA of 1968 and the prop it applies to?

A

Race, color, religion, sex, familial status, national origin, handicap in “dwellings” (minus two exceptions)

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4
Q

FHA Exceptions

A
  1. Owner occupied with 4 units or less
  2. Single family house sold or rented w/o real estate broker
    *no advertising w/ discrimination
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5
Q

Length of lease that needs to satisfy the Statute of Frauds

A

1+ year

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6
Q

Statute of Frauds elements

A

Parties, Description of the Premises, Duration, Rent, Signed

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7
Q

Prohibitions from the FHA

A

Refuse, Change, Advertise*, Suggest, Induce, Discriminate on

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8
Q

Duty to Deliver - English Theory

A

Provide legal and physical possession

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9
Q

Duty to Deliver - American Theory

A

Provide right to possession

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10
Q

Constructive Eviction Elements

A

SING- Substantially interferes, Notice to LL, Get out
(1) Wrongful conduct by LL that (2) Substantially interfered with tenant’s use & enjoyment

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11
Q

What is wrongful conduct from the LL in constructive eviction?

A

Intentional act, Failure to act, Good faith effort to fix the problem but it’s unsuccessful

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12
Q

3 Steps for Constructive Eviction

A
  1. Provide LL with notice of the defect or condition
  2. Allow reasonable time for LL to cure
  3. Vacate within a reasonable time after
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13
Q

Why is constructive eviction more common in commercial leases?

A

The tenant has to actually vacate (in most states)

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14
Q

Why was the implied warranty of habitability created?

A

Constructive eviction is not always possible for housing tenants since it requires vacating the prop

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15
Q

T/F: The implied warranty of habitability applies ONLY to residential leases

A

True - IWOH does not apply to commercial leases

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16
Q

What is the implied warranty of habitability?

A

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

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17
Q

Majority and minorty

Scope of “habitability” from the implied warranty of habitability

A

Minority- Local housing codes
Majority- Housing codes or space not fit for bare living requirements

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18
Q

3 Steps for Implied Warranty of Habitability

A
  1. Notify the LL of defect
  2. Give LL time to cure
  3. Seek remedies if not cured
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19
Q

4 remedies for the breach of the implied warranty of habitability

A
  1. Withhold rent
  2. Repair and deduct
  3. Sue for Damages
    4.Terminate lease (in extreme case)
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20
Q

Majority and Minority tests for determining a sublease from an assignment

A

Majority- “what’s left” test, if no rights remain in transferring tenant it’s an assignment
Minority- intent of the parties determines

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21
Q

LL’s restriction of transfers: Sole Discretion Clause

A

LL gets a say in any tenant transfer and can withhold consent for any reason

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22
Q

LL’s restriction of transfers: Reasonable Clause

A

LL gets a say in any tenant transfer with any valid reason

23
Q

LL’s restriction of transfers: No Standard/Silent

A

It’s implied LL will have a say and have to give a reason for denial like in reasonable clause

24
Q

Surrender of a lease

A

LL and tenant agree to end the lease before its termination

25
Q

T/F: LL’s silence when a tenant attempts to surrender is a valid acceptance

A

False - Silence is not acceptance from a LL when a tenant surrenders

26
Q

T/F: Mutual assent to surrender between LL and tenant can be implied from actions

A

True - Actions, like re-listing the unit, can imply acceptance of surrender

27
Q

4 Steps of Abandoning a Lease

A
  1. Tenant vacates
  2. No justification
  3. No intent to return
  4. Tenant doesn’t pay rent
28
Q

LL’s remedies for tenant abandonment

A

Sue for rent, terminate the lease, mitigate damages then sue for rent (SIR: accept surrender, Ignore if its CL juri, or re-let)

29
Q

LL’s responsibility to be able to recover after tenant abandons under CL

A

Nothing, tenant abandons then LL can sue

30
Q

LL’s responsibility to be able to recover after tenant abandons under Majority

A

Effort to re-lease. LL doesn’t have to accept lease below market value, but failure to mitigate can limit or bar damages. Ideally, re-lease and sue old tenant for lost rent from abandoning to re-lease

31
Q

What regulates security deposits?

A

Statute (always excluding regular wear and tear)

32
Q

Elements needed for a LL in self-help eviction (minority jdx)

A
  1. LL is legally entitles to possession
  2. LL’s re-entry is peaceable (with no possibility of violence)
33
Q

What is a retaliatory eviction?

A

LL bringing eviction or similar process against tenant for sole purpose of punishing or retaliating against tenant’s protected activity (Just have to prove protected action followed by eviction)

34
Q

Tenant activities protected from retaliatory eviction

A

FHA protections, specified complaints about tenancy, member of tenant’s union, testified against LL, asserted or wanted to assert protection from fed, state, or local law (ex IWH)

35
Q

Statute of Frauds for a Purchase K

A

In writing, signed by party to be charged, identifies parties, words showing intent to buy/sell, purchase price specified (just some consideration), adequate description of prop

36
Q

Exceptions to Statute of Frauds for a Purchase K

A

Part Performance and Equitable Estoppel

37
Q

What is a marketable title?

A

Title free from doubt

38
Q

T/F: Marketable title can be waived

A

True

39
Q

What is an encumbrance

A

Easement, mortgage, active violation of land use law

40
Q

2 types of unmarketable title

A
  1. Seller’s prop interest is less than they purport to sell
    2.Seller’s title is subject to an encumbrance
41
Q

Equitable conversion (test 1 of 3)

A

Buyer bears the risk of loss on the rationale that the buyer is equitable owner (majority) this can create double recovery from seller and insurance

42
Q

MA Rule for Allocating Risk of Loss (test 2 of 3)

A

Seller bears the risk of loss

43
Q

Uniform Vendor and Purchaser Risk Act (test 3 of 3)

A

The party with the right to possession at the time of loss bears the risk (modern trend- including CA)

44
Q

Duty to Disclose (CL)

A

Caveat Emptor- seller liable if 1. affirmatively misrepped or 2. owed a fiduciary duty to buyer

45
Q

Duty to Disclose (Majority)

A

Seller must disclose defects that 1. materially affect the value of the prop and 2. are not known or readily discoverable to buyer

46
Q

Duty to Disclose (Minority/Strambovsky)

A

Majority rule + seller created the defect (ghost house)

47
Q

General Warranty Deed

A

Grantor warrants title against all defects

48
Q

Special Warranty Deed

A

Grantor warrants titles against all defects that arose after they obtained possession

49
Q

Quitclaim Deed

A

Grantor makes no warranties about title, grantee receives what grantor has

50
Q

Present Covenants

A

Seisin, Right to Convey, Against Encumbrances

51
Q

Future Covenants

A

Warranty, Quiet Enjoyment, Further Assurances

52
Q

Seisin

A

Rightful freehold possession

53
Q

Which conveyance rule is used in government contracts? (English or American)

A

English

Property (3 decks)

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