REVIEW ALL CHAPTER SUMMARIES AND TAKE QUIZES I. Leaseholds Major Themes of Leaseholds Development of common law to provide more protections to residential tenants vs. commercial tenants Distinction between how law addresses commercial and residential leaseholds Leaseholds being governed by both property and contract law concepts Increasing use of statutes to define landlord and tenant relationship Distinction between default rules and immutable rules Landlord’s right to exclude Good Faith Reasons E.g. rent is $900 but potential tenant only makes $750 income Bad Faith Reasons E.g. not renting to potential tenants because he has tattoos Civil Rights Act of 1866 (limits right to exclude) citizens have same right as white citizens (protect limited group of people but broader in commercial, residential transactions, etc) Fair Housing Act, 42 USC Section 3601 (limits right to exclude) protects broader group of people but narrowly with residential Can not discriminate based on race, color, religion, gender, familial status, disability, national origin Exemptions: if does not own more than 3 homes and does not use a broker because law still wants to protect property rights If landlord lives in the same quarters as its residence If more than 3 homes or use a broker, because these private behaviors become more a business decision and thus right to exclude is limited Handicap FHA 42 U.S.C. 3602 (1) a physical or mental impairment which substantially limits one or major life activities (2) A record of having such an impairment (3) Being regarded as having such an impairment Neithamer v. Brenneman Property Services, Inc. McDonald Douglas Test (when discrimination is not explicit) * gives P chance to go to trial Part I (1) must establish prima facie case (2) member of protected class (3) applied for/qualified for housing (4) denied housing (5) housing remained available Part II Burden shift to L to give non-discriminatory reason for rejecting tenant Part III P can present evidence to show that D reason is pre-tested & questions of material fact to preclude summary judgment II. Leasehold Types (1) Terms of Years
Specific end date, ends when date occurs, no notice required (2) Periodic Tenancy Automatic renewal of lease, adequate notice (depends on jurisdiction - 30days) corresponds with time and length of term (3) Tenancy at Will No specific end date, reasonable notice, often rises out of implication (4) Tenancy at Sufferance Rightful possession that turns into wrongful possession Landlord has options to evict or renew lease *leases for more than a 1 yr. subject to Statute Of Frauds Tends to only void the length issue *court must decide application of default and immutable rules Covenant of Quiet Enjoyment (immutable rule-implied) (1) lesee gets to enjoy property undisturbed by landlord/someone of better title, lesee can sue landlord for damages if someone with better title (2) In case of disturbance of possession, landlord covenants to defend tenant (3)Landlord covenants not to wrongful evict tenant, actually/constructively
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- Fall '07