Property 2-LS - LAURIE SPINELLA PROPERTY II OUTLINE...

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LAURIE SPINELLA PROPERTY II OUTLINE PROFESSOR ROHAN LANDLORD/TENANT This area of law is policy-oriented Ex. Big bad landlord vs. little old lady > little old lady wins o But the law is heavily weighted towards the landlord Leases are stacked in favor of the landlord Attorney’s fees o Landlord can say in the lease that the tenant has to pay attorney’s fees if the landlord wins o NY Statute: if the landlord puts in a clause stating tenant must pay the landlord’s legal fees, the courts automatically read in the opposite so that the landlord must pay the tenant’s legal fees if he loses Agency o Landlord can redecorate the apartment after the tenant breaches and bill the tenant o The landlord is the tenant’s agent, does this to attract a new tenant for the old one o If the landlord is going to rent on your behalf, it is usually for the same or less rent If the landlord can get more rent from the second tenant, he will get rid of you Covenant to pay rent o The covenant to pay rent and all the other covenants in the lease are considered independent of each other If the tenant does not pay full amount because the landlord didn’t give something else (ex. Heat), the tenant is in default Tenant should notify the landlord of a lack of whatever, get an outside worker to fix it, and then sue the landlord in small claims court BUT PAY THE RENT o Independent of the problems on the property Implied warranty of inhabitability/NYS statute for health of apartments allows tenants to pay rent into court or not pay and sue the landlord Only if the violation is health impairing Best idea is to pay in full and then sue the landlord Write “under protest” on the check o Withholding money gives the landlord the right to kick the tenant out for not paying rent o Same problem in co-ops and condos For nonpayment of maintenance 1
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LAURIE SPINELLA PROPERTY II OUTLINE PROFESSOR ROHAN Get a lien on the condo and foreclose Forfeit stock and lease in the co-op The lease includes both a contract and a status o Contract might not control sometimes because of the parties’ status as landlord/tenant o With status: some duty is owed Possession o Absent an express provision to the contrary, there is implied in every lease a condition that the lessor will deliver possession at the beginning of the lease term Tenant does not have to pay rent until he obtains actual possession Leases usually have an express provision to the contrary o Real property law: in apartments, unless the lease says otherwise, if the tenant cannot get into possession on law day, he can rip up the lease So the landlord usually writes the lease to say otherwise o For commercial leases, if the tenant cannot get into possession on law day, don’t pay rent for the month and if he still can’t get into possession the tenant can rip up the lease o If a tenant has a lease it doesn’t mean he has to occupy the property Insurance company will check to see if the property is empty
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Property 2-LS - LAURIE SPINELLA PROPERTY II OUTLINE...

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