The Lease

Question 1

What does a lease do?

Answer 1

Creates a L-T relationship

Legal Concept – NOT A DOCUMENT

Question 2

How do we determine if something is a lease?

Answer 2

Look at:

• Intention of the parties
• # of restrictions on use
• Exclusivity of possession
• Degree of control retained by the granting party
• Presence or absence of incidental services

Question 3

What does the lease set? (3)

Answer 3

(1) The estate (1/3 non-freehold)
(2) The terms and conditions of the lease
– Amt. to be paid, length of tenancy, etc.
(3) When it’s a lease, courts breath in certain implied conditions
– IWOH, or notice req. if periodic tenancy

Question 4

Does material breach by one party allow mutual excuse of further performance by the other side?
(Contract v. Property)

Answer 4

Contract law says yes – mutuality of oblig.
- If landlord doesn’t do X, you don’t have to pay

Property law – indep. oblig.
- Have to pay no matter what because obligations are independent

Question 5

Selections of Tenants?

Answer 5

Can’t unlawfully discriminate

• FHA
• Can’t discriminate on basis of race, creed color, etc.