Property II Outline

Property II Outline - Nancy Donovan PROPERTY II Prof. Rohan...

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Nancy Donovan PROPERTY II Prof. Rohan Spring 2001 I. LANDLORD-TENANT LL/Tenant law- “highly archaic” LL does NOT have a duty to mitigate damages Highly technical DEFECTIVE NOTICE = NO NOTICE 1 month required February is not good enough. Also can’t say 58 days notice till March 1, would have to give new notice. For mail always send registered, return receipt and regular mail. If LL knows there’s trouble won’t accept, so send both. Usually two forms stipulated: (i) LL at address, and (ii) LL’s atty at address. Clause: pyts will argue notice given when mailed or when received, registered or US, Fed Ex or fax. Conform to lease. Law heavily weighted to the LL, modern trend is shifting toward protecting tenant. HWR, leases usually are stacked in favor of the LL. Many illegal things put in the lease: (i) most people don’t know it’s unenforceable, (ii) think that what’s written is true, and (iii) would have to hire a lawyer to contest. So 95% effective, even though illegal. Law of LL/Tenant- sociology pro-tenant. More lenient on residential side than commercial. HWR, documents slanted 90/10 in favor of the LL who wrote, so the cts can only go so far. Two laws apply: 1. Law of Contracts (status significant) 2. Law of Status- special relationship between LL & T, some duty owed. LEASES- terms and clauses: Lease treated as conveyance of owner’s rights to tenant act as owner. Transfer of rights. Tenant’s space LL shouldn’t enter. a Suppose condemnation- eg. of leaseholds during the war, occupancy rights for the duration (don’t know how long). Whose space did they take? LL or T? Who has to deal with the gvmt? It’s the T’s space, but the LL’s building. Space given in the lease to the tenant, right sold to in the lease so it is T’s problem. T can’t use the space, would have to relocate and get a new lease; if the war ends stuck with two. a Whose problem if old T hasn’t moved out? Classical answer- it’s the new tenant’s rights being invaded, can’t move in, his problem. Absent express clause then no agreement in possession on the law day. Lease gives right of possession and LL’s authority. LL collects rent from somebody, new tenant would have to go to court, his problem. In this day in age- commercial tenant can’t afford to live with that.
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Amended for residential tenant- if silent on the subject, then he can get out of the lease if can’t get in on the law day or rent forgiveness. “If lease silent” is the way most legislature written LL will amend the operative docs, so no guarantee into possession on the law day. Dead letter statute since now lease just stipulates that if not in possession on time can just abate rent until possession. Not very good if given up old apt, legal right to possession + an abatement, but no actual right.
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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 - Nancy Donovan PROPERTY II Prof. Rohan...

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