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OUTLINE FOR ESSAY Intro- What is property? - bundle of sticks, set of rights: possess and use, exclude, transfer - May be used by different people at different times - Are granted by and can be taken away by government, is not absolute - land/houses are real property Issue #1: What kind of lease estate to Tristan and Rick have with Paradise Resort? ROL: A Periodic Tenancy is: a lease for a period of some fixed duration (Begins Aug 15, 2005 and ends Aug 14, 2006) that continues for succeeding periods (or terms) until either the landlord or tenant gives notice of termination. Notice must be given Can be year to year, month to month, or week to week ROL: A Tenancy at Will and Periodic Tenancy are treated the same in FL. A T at W is: Default lease in FL Either party can terminate the lease with notice Frequency of payment determines whether it is a tenancy at will can be created by tenant holding over with Landlord’s consent Residential: 83.575 o year to year—60 days o month to month—15 days o week to week—7 days ROL: The lease meets the Statute of Frauds: if your lease is one year or more it has to be in writing. Issue #2: Whether the “lease” for the satellite dish is a lease or license. ROL: The satellite K is actually a tenancy at will lease b/c: An assignment or transfer of lease it not allowed under a Tenancy at Will “so long as they desire” Either party can terminate the lease with notice (83.03) T and R may take the satellite with them giving them a great deal of control Lease or personal property in exchange for consideration of $45 a month ROL: The satellite K is actually a license b/c: Looking at the elements of intent of the parties: o Use restrictions- can take the satellite with them (more like a lease) o Transfer – cannot transfer o Exclusivity- the agreement is personal to Tristan and Rick o Degree of control- Walt’s Wireless still maintains a higher degree of control since it is in charge of maintenance and repairs Conclusion: Either way, T and R will be liable to Paradise Resort to remove the satellite and repair any damage it might have made since tenants are responsible for keeping the premises in reasonably good repair.
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Issue #3: Whether the changes that occur at Paradise Resort breach the covenant of Quiet Enjoyment and Warranty of Habitability: ROL: Quiet Enjoyment an implied covenant that neither the landlord nor someone with paramount title will interfere with the tenant's benefit of quiet enjoyment and possession of the premises. Quiet Enjoyment can be waived if T doesn't vacate within reasonable time o Tenant may be entitled to a rent abatement (in full or in part) if landlord breaches covenant of quiet enjoyment o Complete Ouster not necessary and T may sue for difference in value Landlord is not an insurer against crime Noisy neighbors are not considered a landlord problem If landlord assumes a duty then he may be negligent if improperly
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