Chapter 7 - Leasing Real Property

Question 1

Fair Housing Act

Answer 1

• can’t discriminate against race, religion, sex, etc…
• won’t apply to three or less units
• won’t apply to family housing w/o real estate
• don’t use in advertisement

Question 2

Fair Housing Act - prima facie case

Answer 2

• shifts burden to the defendant
• p in protected class
• p is qualified/applied
• p rejected
• property still available

Question 3

Delivery: American Rule

Answer 3

delivery of legal title

Question 4

Delivery: English Rule

Answer 4

physical delivery and title

Question 5

3 Elements for constructive eviction

Answer 5

• wrongful act/omission of landlord
• substantially interferes with use and control
• notice + leave in reasonable time

Question 6

Implied Warranty of Habitability

Answer 6

• Usually based off of building codes
• includes common areas
• Does not apply to commercial buildings
• requires adequate time and reasonable notice
• violation allows tenant to stay and not pay rent

Question 7

Assignment

Answer 7

Gives all the interest in the property

Question 8

Sublease

Answer 8

Just gives a part of the estate

Question 9

Liability of rent (2 ways)

Answer 9

• Privity of estate (possession and succession)

- Privity of contract (eye to eye promise)

Question 10

Landlords Ability to deny assignment (3 ways)

Answer 10

• Sole discretion
• Reasonable clause (commercially reasonable, ie: bad credit, too much noise)
• Silent/No clause (default is to reasonable in CA, MAJ = sole)

Question 11

4 Types of Leaseholds

Answer 11

• Term of Years (definite period, no need for notice
• Periodic Tenancy (month to month, need 30 day notice)
• Tenancy at Will (anyone can end)
• Tenancy at Sufferance (tenant stays past, L can evict T as a trespasser, or renew rent)