Property II Outline-Final-JS

Property II Outline-Final-JS - Property II Outline Minda...

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Property II Outline - Minda Spring 2002 J. Scroppo I. Landlord Tenant Law A. Leasehold Estates 1. Term of years = a lease fixed in duration a. Common law = no fixed duration b. Statutory limit: some states now limit the duration c. A specified event can terminate the lease before its completion d. No notice required to bring out termination of the lease (b/c termination implied by the specified end date) 2. Periodic tenancy = a lease for a fixed duration that renews automatically for succeeding intervals (“month to month”, “week to week”) until either party gives notice of termination a. Common-law required periods of notice of termination i. Year to year 6 months ii. Other periods the length of one interval b. Termination must occur at the ending of an interval (so, notice effective at the beginning of the next interval) c. Death of lessor has no effect on a periodic tenancy 3. Tenancy at will = a lease without any fixed period. The lease terminates when either the landlord or tenant desire to end the lease, unless agreed upon to the contrary. A tenancy at will terminates at the death of either party. a. Length of notice of termination is usually specified by statute b. Garner v. Gerrish : distinction between a tenancy-at-will leasehold (terminable at death of either party) and a life-estate (no termination until possessor/tenant so chooses). Effect: in NY, a tenancy at will terminable only by the tenant = a life estate. 4. Holdovers a. Holdover = tenant’s retention of possession of the premises after expiration of the lease b. General principles of holdovers i. tenants are given a “reasonable time” to vacate ii. NY : the holdover must be “voluntary” to allow landlord to evict iii. RS2nd : holdover results (at landlord’s election) in a periodic tenancy at the interval in which rent was paid, to a maximum of one year c. Landlord’s remedies for holdover i. Evict the tenant ii. Treat tenant as a trespasser iii. retain the tenant under some form of leasehold )
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5. Lease versus License a. Lease = a property and possessory right i. creates more rights and obligations than a license ii. cannot be assigned iii. lessor has no duty to mitigate damages iv. not usually terminable at will v. usually a right to exclusive possession b. License = a right to use the land in some manner (e.g., maintain a billboard) i. Fewer rights and obligations than a lease ii. Is assignable iii. Lessor has duty to mitigate damages iv. Usually terminable at will v. Not usually an exclusive right of use B. Selection of Tenants (Fair Housing Act) 1. Protected classes a. race b. color c. religion d. sex e. familial status (there can be legitimate discrimination on this status) f. national origin g. handicap h. Not covered : sexual orientation 2. Prohibited activities a. discriminate in sale or rental of housing b. print, publish, advertise for sale or rent a statement that prefers or discriminates
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This note was uploaded on 02/18/2008 for the course LAW 1030 taught by Professor Todres during the Spring '02 term at St. Johns Duplicate.

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Property II Outline-Final-JS - Property II Outline Minda...

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