Property II-ME - Property II Outline Professor Di Lorenzo...

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Unformatted text preview: Property II Outline Professor Di Lorenzo Michael Ertel I. Protection for the T 1. The LLs Duties (1) The LLs Duty to Deliver Possession. (A) American Rule (Minority Rule, NY) (B) English Rule Jurisdiction (Majority Rule) (C) NY is Actually a Hybrid (D) Restatement 2 nd 6.2 (2) The LLs Duty to Deliver Fit Premises (Fit for Use) (A) General Rule (No covenant of Fitness.) (B) 2 Exceptions to the General Rule (1) Short-Term Lease of a Furnished Space (2) Building Under Construction (3) The LLs Duty to Protect the T During the Term (AKA The Covenant of Quiet Enjoyment) (A) General Rule (Quiet Enjoyment is Implied into Every Lease.) (B) 3 Requirements to Prove a Breach of Quiet Enjoyment (1) Wrongful act by the LL (2) T was disturbed (3) Disturbance was so bad, T had to vacate (C) 4 Types of Evictions (4) The LLs Duty to Deliver a Habitable Premises (AKA Warranty of Habitability) (A) C/L Rule (B) Statutory Rule (C) 3 Standards by which to measure breach (1) Javins Test (2) Pines Test (3) Essential Functions Test. (D) NY Statute for Warranty of habitability (5) The LLs Duty to Relet the Premises when the T Abandons. (A) Old C/L Rule (B) New C/L Rule (C) NY Rule 2 2 2. The Tenants Remedies (1) The Ts Rights to Damages 1. 2 Requirements for Compensible Loss (2) The Ts Right to Rent Abatement (A) General Rule (B) 5 Possible Formulas to tell how much Rent to Abate (C) NY Rule (3) The Ts Right to be Released from Obligations Under the Lease (A) Frustration of Purpose (B) Destruction of the Premises (4) The Ts Right to Termination (5) The Ts Right to Rent Application (6) The Ts Right to Rent Withholding (7) The Ts Right to an Action in Ejectment (8) The Ts Right to an Action in Rent 3. Review Questions D. Discussion Problem A 3 3 II. Protection for the LL 1. The Ts Duties (1) The Ts Duty to Vacate (2) The Ts Duty not to Disturb Other Tenants (3) The Ts Duty to Repair (A) C/L Rule (B) NY Rule (4) The Ts Duty to Avoid Waste (A) General Rule (B) Alterations (C) C/L Affirmative Defenses to Changed Conditions (D) NY Statutory Defenses to Change Conditions. (5) Hypos for Ts Duties 2. The LLs Remedies (1) The LLs Right to Collect a Security Deposit (A) C/L Rule (B) NY Rule (2) The LLs Right to get Rent Acceleration (A) C/L Rule (B) 4 C/L Affirmative Defenses that Allow a T to Avoid Rent Acceleration (C) NY Codification of the Defense of Unconscionability (3) The LLs Right to Forfeiture (A) C/L Rule (B) 4 Affirmative Defenses that Allow a T to Avoid Forfeiture (4) The LLs Right to Self Help (A) C/L Rule (B) NY Rule (5) NY Statutory Rights of the LL (A) Article 6: Ejectment Action (B) Article 7-11(1): Holdover Proceedings (C) Article 7-11(2): Non-Payment Proceedings (D) Big Hypo (6) The LLs Rights When T Abandons the Premises (7) The LLs Rights When the T Holds Over (A) C/L Rule (B) NY Rule 4 4 III. Assignments and Subletting (A) Background (1) General Rule (2) Exception to the General Rule...
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Property II-ME - Property II Outline Professor Di Lorenzo...

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