the Property Term Statute says to Deposit Commercial Tenants with Residential Landlord Rules on Assignment with Fixtures that are Constructive

Question 1

Property

Answer 1

Property Tenancy Notice

(1) Property right = non-free hold + possessory + reversionary
(2) Tenancy at sufferance = no trespass unless unlawful detainer if proper notice = 10/3 no $, else 30
(3) Notice = personally, suitable age resident, conspicuous + mail.

Question 2

Term

Answer 2

Term Periodic

(1) Term = definite + automatic + no notice + liability as due
(2) Periodic = successive + 30/20 days LL,T before end.

Question 3

Statute

Answer 3

Statute Written

(1) SOF if > 1 year + SADD
(2) Deposit, fee = written

Question 4

Deposit

Answer 4

Deposits Checklists Return

(1) Deposits = trust + receipt != repairs != non-refundable
(2) Checklists = both signed + pre-lease condition + terms before; no comply = surrender != not pay
(3) Return = 14 days, reduction + accounting != wear and tear.

Question 5

Commercial

Answer 5

Commercial CL T/LL

(1) Commercial != RLTA != habitability, implied warranty
(2) T dutys = rent + utilities + taxes + clean + day-to-day + restore - wear and tear.
(3) LL’s duties = dangerous hidden + acts + + structure + compliance + non-discrimination

Question 6

Tenants

Answer 6

Tenants Duty/Tort

(1) Duty = CL – non-metered utility – taxes
(2) Torts = intent, negligent own, pet, guest damage in controlled premises + no nuisance

Question 7

Residential

Answer 7

Residential Repair Failure Claim

(1) Residential Repairs = after written notice then 24 water, electricity, heat + 72 plumbing, appliance, else 10 days, uncontrollable delay; Applies even if T liable.
(2) Failure = terminate, repair + reduce, judicial reduction
(3) RLTA claim = rent paid + notice + opportunity

Question 8

Landlord

Answer 8

LL duties/prohibition/torts

(1) Duties = habitability + control pests + structure + common
(2) Prohibition = trespass unless 2 days ($100) + self-help + shut-off utilities + change locks
(3) Torts = CL + common + negligent repair

Question 9

Rules

Answer 9

Rules Retaliation

(1) Rules = 30 days, $ + knowledge = waiver, no pet, roomates != moral
(2) Retaliation = presumed w/90 days for RLTA rights

Question 10

Assignment

Answer 10

Assignment Sublease

(1) Assignment, sublease = ok unless prohibition
(2) Sublease != obligation = assignment

Question 11

Fixtures

Answer 11

Fixture Removal Lien

(1) Fixture = affixed, permanent chattels = removal damage = real property
(2) Removal = ok if no damage; Equitable claim if increase in PV
(3) LL Lien = prohibited = conversion, bailment for LL benefit ($1k)

Question 12

Constructive

Answer 12

Construct Surrender Duty

(1) Constructive Eviction != physical = interference with quiet enjoyment= terminate in writing + not pay
(2) Surrender of lease = abandon + no $ + indication of no intent to continue = full $, no accel in WA
(3) Duty to mitigate = reasonable effort to re-let != different use