Jane A. Black Property II Outline

Jane A. Black Property II Outline - Property II Outline...

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Property II Outline Spring 2006 Professor Rohan By Jane A. Black I. LANDLORD TENANT A. GENERALLY 1. L/T law is highly archaic law is heavily tilted towards L. 2. Statutes are written as narrow as possible to give least amount of rights to T 3. L does not have the duty to mitigate damages in NY 4. Defective Notice = No notice a. For mail, always send registered, return receipt, and regular mail. Rationale: if L knows there is trouble he won’t accept so send both. b. Two copies: L’s address and L attorney’s address c. L and T will usually argue in lease whether notice is given when mailed or when received 5. Modern trend has shifted towards favoring T (more lenient on residential side than commercial) 6. Many illegalities put in leases because: a. Most T’s don’t know it is unenforceable b. Would have to hire an attorney to contest c. 95% of time illegality works b/c T doesn’t know any better B. PARTIAL EVICTION DOCTRINE 1. L says I need to take back 10% of your space. You can stop paying rent because L illegally partially evicted you by unilaterally taking away some of your space or services. If you didn’t consent to this, all future rent is forgiven. C. RETALITORY EVICTION DOCTRINE 1. T can claim harassment and get punitive damages. Would apply to L trying to evict T when no one else is being evicted for the same problem. L is signaling T out for being a “problem” T. Ex. For calling the authorities. D. RISK OF LOSS DOCTRINE 1. Risk of loss shifts to buyer from the moment of K. 2. Rohan says this is lunacy because: buyer doesn’t know this, the buyer has no insurance, and the seller has all the insurance (so allows for double recovery) 3. To remedy this, NY has a statute that if a K is silent on Risk of Loss then it will be on the seller until the buyer gets title or possession a. Exception: Real Estate Broker’s Agreement 1
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E. RIGHT OF RE-ENTRY 1. A conveys to B. A says no liquor may be sold and if B violates this A can re-enter and take title. Most states limit this to 35 years so if there is a violation after 35 years the clause has evaporated. 2. But, NY doesn’t do this. NY says you have to re-record a memorandum within 27-30 years after the deed is issued and then every 10 years thereafter. F. CO-OPS 1. 90% are in NYC, most came after WWII to break rent control. Federal Gov’t gave up RC in 1946 and NY was the only state to continue using it. a. You can still have an old lady on Park Ave. paying $100/month 2. L’s got rent control T’s to switch to co-op by offering inducements: a. 15% discount to people who switched to co-op b. §2-16- T can take a deduction of his pro-rata share of their mortgage. c. Requirements under §2-16: a. Each year at least 80% of the income of the stockholder corporation must come from residential stockholder b. Ex. If you have a building on Madison Ave. the apartments may be 90% of the space but the bulk of the rent could come from the stores and garage below problem 3. Reasons to be wary of Co-Ops:
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Jane A. Black Property II Outline - Property II Outline...

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