real property Flashcards
(42 cards)
tenancy in common
default interest, separate but undivided interest, each have right to posses whole , no ros
joint tenancy
ros
needs intent language of ros
4 unities= possession, equal interest, time and title (Florida only cares about equal interest)
Florida lien state doesn’t sever
tenancy by the entirety
jt for married people
same unities plus marriage
Transfer to a married couple - presumed to be tenancy by entirety
Or spouse conveys deed to other spouse with intent to entirety
Spouse conveys property to both
rights and obligations of concurrent ownership
- posses and use all the land
- co te in possession not required to pay rent to co te not In possession
- outser - co te denies access to property , co te must ask to enter
- operating expenses (taxes, mortgage, necessary charges ) divided upon interest, right to reimbursement
- repairs - no right to reimbursement but can get back in partition sale
- improvements /\ same /\
-partion - uni right , by sale if not practical or fair
tenancy for years
tenancy for years =
- fixed time created by agreement , - stat of frauds more than a year, terminates at the end automatically ,
- can also terminate by tenant surrender or breach from t or LL
(florida - agreement may contain a provision for early termination 60 days )
periodic tenancy
- repetitive for some set period of time ,
- renews automatically until party gives notice ,
- created express or implied , - terminates one month notice given before start of last term.
(florida = Non residential periodic is a tenancy at will
- Week to week 7 notice require
-Month to month 30
- Quater to quater 30 residential 45 non residential
-Year to year 60 residential 3 mo the non residential)
tenancy at will
-Any tenancy in which the tenant holds possession with the landlord’s consent, but without a written lease, and no fixed duration
- any party can terminate
- t can always terminate
- l can’t if contract says l can’t
tenancy at sufferance
tenant holds over , LL can evict or re rent by creating periodic , tenant will owe damages
in florida LLmust file to retake possession
LL may recover double rent
tenant duties pay rent
don’t need to if
- premisses destroyed (if not your fault)
- partial destruction - partial payment
-
-ll evicts completely or partially
- ll materially breaches the leases
implied covenant of quiet enjoyment
Tenant can withhold rent when landlord takes actions that make the premises wholly or substantially unsuitable for their intended purposes and tenant is constructively evicted
(Landlord caused it or failed to stop other tenant )
constructive eviction =
premise unuseable, t notifies LL, LL does not correct, T vacates after reasonable amount of time
residential or commercial
implied warrant of habitability
- obligation on landlord to maintain property such that it is suitable for residential use
- look for conditions that threaten the tenants health and safety
- t can’t waive
t may refuse to pay rent - but must notify LL of problem and give reasonable time to fix 7 days in florida (LOOK AT LL DUTIES)
tenant duty to avoid waste
florida resident must comply with building codes, keep clean , use electricity air-condition etc in reasonable manner, not fuck with tenants
no affirmative or permissive
ameliorative allowed if ask for permission
tenant duty to repair
- burden to repair on landlord unless caused himself
- tenant must notify LL
- 20 day window to fix , withhold rent if not
tenant breach LL remedies
- tenant in breach can cure in 7 days
- if breaches again the same way LL can evict
failure to pay rent =
- LL must give a written demand
- commercial can recover instantly
- if pays after and LL accepts waives right to evict
Landlord duties
- duty to give physical possession
- must make reasonable efforts to release if tenant abandons
- must follow housing codes, if no codes must keep windows steps porches etc in good repair, exterminate pests , give keys locks, keep common areas safe and clean , remove garbage , hot water
/\ tenant has to notify and give 7 days to cure
no retaliatory eviction (raise rent, decline service, evict if tenant exercise his rights )
LL has 15 days to return deposited money
-
tenant landlord tort liability
tenants of duty of care to invitees licensee and foreseeable trespassers
ll general duty of care
= Existing defects before the tenant occupies the premises;
ii) Failure to make repairs required by a housing code; and
iii) At times, the criminal activity of third persons who injure tenants.
assignments
- complete transfer of tenants remaining term
- LL can go after t or t1
if lease silent can transfer freely
if lease require permission needs, if no standard LL can deny for commercial reasons
ll do not need permission to transfer
sublease
transfer for less than entire duration of lease
ll can go after t only not t1
if lease silent can transfer freely
if lease require permission needs, if no standard LL can deny for commercial reason
ll do not need permission to transfer
Land sale contract stat of frauds
stat of frauds
- sign by party to be charged
- essential terms (description, parties, price payment)
exception - needs all there
possession
improvement
payment
promissor estoppel is not an exception in florida
land sale contract marketable title
title must be free from unreasonable litigation (adverse possession, private encumbrances)
- defect must be cured before closing
-if can’t deliver marketable title buyer can rescind
- if buyer accepts at closing without rejecting then later discovers problem then he’s fucked unless his deed protects him
Land sale contract extras
- time is not of essence
- duty to disclose any facts materially affecting value not observable by buyer and known to seller (as is doesnt waive)
- implied warranty of fitness or suitability - defects in new construction
equiablte conversion =
- once contract singed and parties entitled to perform buyer the real owner
- buyer risk of loss contract to closing
- seller holds legal title and right to posses
- if seller dies after contract -
land sale contract breaches
sellers remedy
- recision
- specific performance
- contract price - market price
buyers remedy
- contract price - fair market value on day of breach
- recision
- specific performance
adverse possession
In Florida you need to pay taxes and file return to be able to adverse possess
must be cultivated improved or protected by enclosure
elements
- continuous - 7 years (seasonal , tack, won’t run if owner disabled )
- open and notorious - can’t be hidden reasonable notice on owner (reasonable owner would be aware)
- hostile - possession must be adverse to owners interest (doesnt matter if he thought he owned land still counts)
- exclusive (can’t share)
adverse possession color of title
time begins when title is recorded and =
Cultivated or improved;
ii) Protected by a substantial enclosure;
iii) Used for the supply of fuel or fencing of timber for husbandry or the occupant’s ordinary use; or
iv) Partly improved as long as the partly improved parcel is part of a known lot or single farm.
