\u00c7 Repair problem yourself and deduct expenses from rent due \u00c8 Stay on the

Ç repair problem yourself and deduct expenses from

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Ç Repair problem yourself and deduct expenses from rent due. È Stay on the premises and withhold rent. BETTER CHOICE -- WHY? ¼ Risky to leave premises if you rely on breach of the covenant of quiet enjoyment … what happens if there wasn’t a breach? ¼¼ If T withholds rent, arguing that it is not habitable and if L sues – the court may decide that T unjustifiably withheld rent and L may be entitled to EVICT. Furthermore, T would be liable for damages (back-rent). ¼¼¼ May not be easy to find a new place to live and relocate. HOW TO ASCERTAIN DAMAGES FOR THE BREACH OF THE WARRANTY (Hilder v. St. Peter) ³ Difference b/t the value of the dwelling as warranted and the value of the dwelling as it exists in its defective condition ´ Damages should be awarded for T’s discomfort/annoyance arising from breach µ If L is notified of defect and fails to fix it and then T pays for it, T may be able deduct cost of repair from future rent. (Can also sue L for breach of K on his promise to fix it). Ã Punitive damages available for health/safety hazards. !±± REASONS FOR THE WARRANTY ³ T may be uninformed and lack bargaining power (need protection from law). ° Look for ways to argue exceptions to the above rationale on the exam. RENT CONTROL !±±± BENEFITS OF RENT CONTROL ³ Helps people retain their housing by keeping prices low when market pressures might otherwise lead to price increases
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°Í ´ (RADIN) Promotes personhood for individuals ° home = paramount example of personal prop µ Fosters community by allowing people to stay in their neighborhoods à Bolsters overall economy by allowing consumers to have more money to spend on other items (derivative of supply-side economics). ±" POSNER’S CRITICISMS OF RENT CONTROL ³ Will reduce resources that L devotes to improving quality of housing, by making provision of rental housing more costly, thus reducing the quantity of housing and new construction projects. ´ L will offset costs by charging higher rents, finders fees, and security deposits µ L will screen applicants more carefully and a marginal T will have trouble. CO-OWNERSHIP / CONCURRENT OWNERSHIP Tenancy in Common Joint Tenancy Tenancy in Entirety Each tenant has the right to occupy the whole Each tenant has the right to occupy the whole Each tenant has the right to occupy the whole No Survivorship Rights Survivorship Rights Survivorship Rights Unilateral Transfer (No Severance) Unilateral Transfer (Severance) No Unilateral Transfer Unequal Shares Equal Shares Equal Shares ± TENANCIES IN COMMON ³ Each tenant has an undivided interest in the property, including right to possession of the whole. When one tenant dies, the other tenant has no survivorship rights. Equal shares not necessary, and co-tenants can own different types of estates in the property. No right of survivorship in the remaining tenant.
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