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 LL’s Duties (1) The LL’s 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 LL’s 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 LL’s 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 LL’s 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 LL’s 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 Tenant’s Remedies (1) The T’s Rights to Damages 1. 2 Requirements for “Compensible Loss” (2) The T’s Right to Rent Abatement (A) General Rule (B) 5 Possible Formulas to tell how much Rent to Abate (C) NY Rule (3) The T’s Right to be Released from Obligations Under the Lease (A) Frustration of Purpose (B) Destruction of the Premises (4) The T’s Right to Termination (5) The T’s Right to Rent Application (6) The T’s Right to Rent Withholding (7) The T’s Right to an Action in Ejectment (8) The T’s Right to an Action in Rent 3. Review Questions D. Discussion Problem A 3 3 II. Protection for the LL 1. The T’s Duties (1) The T’s Duty to Vacate (2) The T’s Duty not to Disturb Other Tenants (3) The T’s Duty to Repair (A) C/L Rule (B) NY Rule (4) The T’s 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 T’s Duties 2. The LL’s Remedies (1) The LL’s Right to Collect a Security Deposit (A) C/L Rule (B) NY Rule (2) The LL’s 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 LL’s Right to Forfeiture (A) C/L Rule (B) 4 Affirmative Defenses that Allow a T to Avoid Forfeiture (4) The LL’s 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 LL’s Rights When T Abandons the Premises (7) The LL’s 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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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-ME - Property II Outline Professor Di Lorenzo...

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