4 r remain in possession pay rent and sue for money

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4) R = Remain in possession, pay rent, and sue for money damages. d. Doctrine of Retaliatory Eviction : i. If T lawfully reports LL for a housing code violation or similar (if T is a good faith whistleblower), LL is barred from penalizing T. C. Assignment v. Sublease: 1. Unless the lease says otherwise, the law allows a T to transfer her interest. 2. Assignment: a. When T transfers her interest in whole, she has accomplished an assignment. b. Legal Consequences: i. Hypo: T1 has 10 months left on a 2-yr term of years lease and transfers all 10 to T2. This is an assignment. ii. LL and T2 are in privity of estate , meaning LL and T2 are responsible to each other for all promises in original lease that run w/the land. Most promises in original lease will run w/ the land—promise to pay rent, repair, pay taxes, etc. iii. LL and T2 are not in privity of contract unless T2 expressly assumes all promises in original lease. iv. LL and T1 are no longer in privity of estate. v. LL and T1 remain in privity of contract, meaning LL and T1 are secondarily liable to each other. vi. Hypo 2: LL rents to T1, T1 assigns to T2, T2 assigns to T3. T3 then engages in active waste. 1) Can LL proceed against T3, the direct wrongdoer? Yes, b/c of privity of estate. 2) Can LL proceed against T1, the original tenant? Yes, b/c of privity of contract—T1 is secondarily liable to LL. This means that if T3 is unavailable or bankrupt or otherwise judgment-proof, T1 is liable. 3) Can LL proceed against T2? No. Privity of estate ended once T2 assigned to T3, plus there was never privity of contract (unless you've been told that T2 expressly assumed all promises in original lease). 3. Sublease a. If T transfers only a portion of her leasehold interest to someone else, she has accomplished a sublease. b. Legal consequences: i. LL and sublessee are in neither privity of estate nor contract. ii. T2 is responsible to T1, and vice versa. V. Law of Servitudes A. Component members:
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barbri-property-review.ooutline 3/28/04 10:06:56 AMAM Page 9 1. Easement: The grant of a non-possessory property interest that entitles its holder to some form of use or enjoyment of another's land that is called "the servient tenement." a. Two types: i. Affirmative easement: The right to go onto and do something on servient land. 1) Most easements are affirmative 2) i.e.: The privilege to lay utility lines on another's land, or easement giving holder a right of way across another's land. ii. Negative easement: Entitles its holder to compel the servient holder to refrain from doing something that would otherwise be permissible. 1) recognized in four categories = LASS Light—refrain from doing something to block my light (i.e. the John Hancock building in downtown Boston is reflective because the Trinity Church has a negative easement for light over the Hancock building) Air—refrain from doing something to block my air Support—refrain from excavating or digging on your parcel in a way that would cause subsidence, etc. on my parcel.
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  • Fall '18
  • Robert Strouse
  • Leasehold estate, Deed

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