Other Property Cases Flashcards
(16 cards)
Olivas v. Olivas
traditional ouster v. constructive ouster; court ruled that the wife did not commit constrictive ouster
Carr v. Decking
one tenant in common can unilaterally bind the estate by leasing to a 3rd party without their co-tenants knowledge and approval
Tenhet v. Boswell
1 - A lease does not sever joint tenancy and convert it into a tenancy in common
2 - A lease does not survive the death of a lessor
Ark. Land v. Harper
courts will do partition by sale instead of partition by kind if they can’t find an equitable way for partition by kind
Vazquez v. Glassboro Service Association, Inc.
1 - migrant farm workers are nto tenants
2 - hearing/notice before eviction
Kendall v. Ernest Pestana
commercial landlord has to have a commercially reasonable purpose to refuse sublease/assignment
Slavin v. Rent Control Board of Brookline
No reasonableness requirement in residential denials
Somer v. Kridel
landlords have duty to mitigate damages when a tenant abandons lease
Minjack Co. v. Randolph
can’t make tenants pay rent in full if they are constructively evicted from a portion of their property
3000 B.C. v. Bowman Properties
violates tenants implied right to quiet enjoyment if the landlord’s conduct substantially and fundamentally impairs the utility of the premise of the tenant
Javins v. First National Realty
held residential leases contain an implied warranty of habitability
Stambovskey v. Ackard
Ghost case
Johnson v. Davis
moving away from caveat emptor for material facts
Mahon
Takings - regulations that go too far rquire compensation
Armstrong
a regulation that goes too far when it is an unfair and unjust to an individual claimant absent compensation
Penn Central
character of government actions; reasonable investment backed expectations; economic impact
