Property 2015 Flashcards
(140 cards)
RAP and Class Gifts Special Rule
If the gift to ay member of the class is void under RAP, then the gift is void as to all members of the class
Rule of Convenience
The rule of convenience closes the class when any member of the class becomes entitled to immediate possession of the property.
Four Types of Estates that govern Landlord-Tenant relationship
Tenancy for years(term of years); Periodic Tenancy; Tenancy at will; Tenancy at Sufferance
Tenancy for Years(term of years)
Measured by a fixed and ascertainable time
Term of Years (creation)
Creation: an agreement by landlord and the tenant with the intent to create agreement, if more than a year must be in writing because of SOF
Term of Years (termination)
Termination occurs automatically upon the expiration of the term
Periodic Tenancy
An estate that is repetitive and ongoing for a set period of time, and it renews automatically at the end of each period until one party gives notice of termination
Periodic Tenancy (creation)
Parties must intend to create a periodic tenancy it can be express or implied
Periodic Tenancy (termination)
Proper notice means that terminating must give notice before the start of the last term
Tenancy at Will
A tenancy at will is an estate that does not have a specific term and continues until terminated by either the landlord or tenant.
Tenancy at Will (creation)
Can be created by express agreement or implication
Tenancy at Will (termination)
Can be terminated by either party without notice
Tenancy at Sufferance
A tenancy at sufferance (holdover tenancy) is the period of time after the expiration of a lease during which the tenant remains on the premises.
During a tenancy at sufferance, the tenant is bound by the terms of the lease that existed before expiration, including payment of rent.
Tenancy at Sufferance (creation)
Created by actions of the tenant alone
Tenancy at Sufferance (termination)
A tenancy at sufferance can be terminated if the tenant vacates the premises, the landlord evicts the tenant, or the landlord binds the tenant to a new periodic tenancy.
Tenant Duties
Pay rent and Avoid waste
Duty to Pay Rent suspended
Premises are destroyed; Landlord completely or partially evicts the tenant; Landlord materially breaches the lease
Implied Covenant of Quiet Enjoyment
Tenant can withhold rent when the landlord takes actions that make the premises wholly or substantially unsuitable for their intended purposes, and the tenant is constructively evicted
Constructive Eviction
- Premises were unusable for their intended purpose; 2. the tenant notifies landlord of the problem; 3. the landlord does not correct the problem; 4. the tenant vacates the premises after a reasonable amount of time has passed
Implied Warranty of Habitability
the landlord has obligation to maintain the property such that it is suitable for residential use. We are concerned with conditions that threaten tenant health and safety
Implied Warranty of Habitability (if premises are not habitable)
Tenant may: refuse to pay rent; remedy the defect and offset the costs against the rent or defend against eviction
Implied Warranty of Habitability (if tenant withholds rent)
tenant must notify the landlord of the problem; give the landlord a reasonable opportunity to correct the problem
Landlord Duty to Mitigate
Majority rule: the landlord must make reasonable efforts to re rent the property if tenant abandons; Minority Rule the landlord does not have to mitigate damages
Landlord Duty to Deliver Possession
Majority Rule: the landlord must deliver the actual possession of the leasehold premises, this means physical possession of the property; Minority rule the landlord is only required to deliver legal possession