Property 3

Question 1

Which rule did Hannah use in its decision? (actual possession case)

Answer 1

Sides with the American rule: the landlord has no duty to deliver possession of the property unless both parties specifically covenanted for it.

Question 2

T leases from L a large piece of open land to be used for hunting and trapping. After paying a year’s rent in advance. T finds out that there is no public access to the land. Neighboring landowners refuse to give T ingress and egress. The jurisdiction follows the English rule. Has L satisfied the duty imposed by that rule?

Answer 2

LISTEN TO LECTURE FOR ANSWER

Question 3

L and T execute a lease for a specified term. T takes possession and pays rent for several months. T then learns that L had earlier leased the premises to another tenant for the same term. T remains in possession but stops paying rent. L sues T for unpaid rent; T counterclaims for rent already paid. What results?

Answer 3

The landlord has not given the right of possession who is or who is not in possession. The tenant loses, as long as the tenant was living there he has to pay rent bc no one was trying to live there as well and they were undisturbed.

Question 4

What is the english rule?

Answer 4

Implies a covenant requiring the lessor to put the lessee in possession of the land.

Question 5

Are leases conveyances or contracts

Answer 5

trick question, it is both.

Question 6

In contracts, UCC article 1, can you say i wont act in good faith if both parties sign.

Answer 6

You can sign it but it wont hold up bc you HAVE to act in good faith.

Question 7

True or false: Lease provided that consent of the landlord was required, and if there was no consent, then the lease was voidable.

Answer 7

true

Question 8

What is the counter argument to this old rule: Landlord chose the tenant and the tenant can’t force the landlord to assume obligations the landlord did not want

Answer 8

This argument assumes we’re talking about conveyances, but leases have strong contractual principles as well

Question 9

argument: This argument assumes we’re talking about conveyances, but leases have strong contractual principles as well

Answer 9

The tenant assumed that consent could not be held unreasonably

Question 10

Counter argument: The landlord should be able to capture increased rent by demanding a higher rent in the condition of transfer. Who gets the appreciation in value

Answer 10

Tenant takes the risk that the property will depreciate in value, so why shouldn’t the tenant get the benefits when it goes up?

Question 11

Following rule in Kendall. Lease says, “There shall be no sublease or assignment without landlord’s consent, and such consent shall not be unreasonably withheld.” L leases to T for a term of 5 years. After 2 years, T wishes to transfer the lease to T1. L refuses consent because T1 is a tenant in another of L’s buildings under a lease that is about to expire; L and T1 have been actively negotiating a new lease, and L wants to avoid losing T1 as a tenant in the other building.

Answer 11

For the purpose of a clause like this, it’s for the protection of the landlord, not for economic protection. No reasonable reason for alienation.

Question 12

L, a Christian evangelical organization, owns a building that it uses as its headquarters. No religious services are held in the building. L leases space in the building to T for a term of 3 years. After one year, T wishes to transfer the lease to T1, an organization that proposes to use the leased space as a counseling center, providing information on birth control and abortion. L refuses consent on the sole ground that it is fundamentally opposed to the aims and activities of T1.

Answer 12

a. The landlord is unreasonable.
b. The only standard the landlord can employ in refusing this are financial considerations, intended use of the space and the legality of the business. Subjective considerations that relate to the identity of the proposed assignee are irrelevant

Question 13

What is the standard for common law rule that a landlord may rightful use self-help to retake leased premises? (2 factors)

Answer 13

Landlord is legally entitled to possession and landlord means of reentry are peaceable

Question 14

In Merg, true or false: Even though the court had historically followed the common law rule – landlords could repossess as long as the landlord is legally entitled to possession and the landlord’s means of entry were peaceful – they opted not to follow it anymore

Answer 14

True

Question 15

In Village Commons, who defaulted?

Answer 15

The landlord bc they must fulfill the requirement of quiet Enjoyment. The tenants could no longer be there for safety.

Question 16

If the landlord defaults, do damages in the contract still apply?

Answer 16

No those are based on the idea that the tenant defaulted. When the landlord defaults then they do not owe damages.

Question 17

What is quiet enjoyment

Answer 17

Quiet Enjoyment: In every lease there is an implied covenant that the tenant shall have the right of possesion, occupancy, and beneficial use of every portion of the leased premises

Question 18

T is a tenant at will of L. L causes a nuisance that interferes with T’s business on the leased premises. T vacates, rents equivalent space at a higher rent, and subsequently sues for damages on a theory of constructive eviction arising from a breach of the covenant of quiet enjoyment. What result?

Answer 18

In most jurisdictions, the landlord in a tenancy at will can terminate at any time. Since the landlord can terminate explicitly, the landlord can terminate implicitly by setting up a constructive eviction without bearing any liability
The court said this is wrong. Construed the tenancy at will as an implied periodic tenancy and let the tenant proceed with the claim (REASONABLE)

Question 19

Question 2A on pg 531. Look at it

Answer 19

Traditionally, landlords cannot be charged with the liability of the misconduct of other tenants (including the noise level).
But there are other cases that say since the landlord has the ability to assert control over other tenants, they have the obligation to limit the noise

Question 20

B pg 531

Answer 20

i. No breach of the covenant of quiet enjoyment.
ii. The landlord has an obligation to provide secure common areas. The landlord is not an absolute insurer of criminal activity. As long as the landlord took reasonable steps to ensure safety, that’s sufficient

Question 21

C on pg 531

Answer 21

i. There was constructive eviction because the landlord failed to respond to assistance despite the fact that it had control to the property and there was a covenant of quiet enjoyment in the contract
ii. Even though the landlord had not encouraged the demonstrators, he let them continue to trespass. Since the landlord had the ability to stop that and didn’t, the landlord is responsible

Question 22

What is Implied warranty of habitability

Answer 22

a. Implied in tenancies for a specific period or at will
b. Landlord will deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean and fit for human habitation

Question 23

What does the tenant need to show to prove that the landlord breached implied warranty of habitability. (3 things)

Answer 23

a. There is a problem that existed
b. They brought the problem to the landlord’s attention
c. The landlord failed to respond in a reasonable amount of time

Question 24

pg 541 A

Answer 24

There was a breach of the warranty. Court said the landlords have an unqualified obligation to keep the premises habitable no matter what

Question 25

B pg 541

Answer 25

Did not protect other amenities they might expect to get. Doesnt protect expectation like pool or house club that arent part of the place the landlord must keep safe and clean.

Question 26

C pg 541

Answer 26

You cannot get rid of the implied warranty of habitability – T can claim that the house violates the implied warranty of habitability
A disadvantaged tenant should not be placed in the condition of living in an inhabitable place

Question 27

1 pg 547

Answer 27

a. The landlord is liable under the public use exception that subjects the landlord to negligence liability if members of the public are injured for reasonably foreseeable actions
b. The defect existed at the outset of the lease – landlord knew or should have known of defect/tenant could not reasonably deal with the defect

Question 28

2 pg 547

Answer 28

a. Landlord not liable
Here, this was not a latent defect - this was completely obvious to everybody and nothing was done about it by the tenant.
c. If it’s a latent defect, the landlord’s liability continues. But, all you have to do is just put the tenant on notice of the defect

Question 29

3 part 1 and 2

Answer 29

a. Landlord could be liable under a common area exception that puts a duty on the landlord to use reasonable care to keep common areas safe
b. Includes a duty to take notice of potential dangers and use protective measures
c. Part II
i. The landlord has to take appropriate steps to insure tenant’s safety
ii. Landlord’s liability is not completely circumscribed by the physical boundaries of the property – look at all the circumstances