Remedies Under 62 English rule is both dependant and essential promise Damages

Remedies under 62 english rule is both dependant and

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Remedies: Under §6.2, English rule is both dependant and essential promise. Damages (reasonable time standard) Termination (reasonable time standard) Landlord must act diligently and “promptly” pursue the action. The reasonable time standard should be defined with respect to the landlord’s activity, how diligently are they pursuing the eviction action? Tenant’s reasonable expectation is also important. When will the tenant be denied their expected use of the premises, their need of the premises? (failure of consideration). Rent abatement (as of Day 1- Restatement) Ejectment American rule: Founded on the argument that the tenant has sufficient legal and equitable remedies available to protect himself against the third party wrongfully in possession. Negotiate with the landlord for the express promise or bring own action in ejectment. Other: Rather than substituting a blanket rule that it’s always the landlords burden to eject the holdover, make it a case-by-case determination. Ejectment: New tenant can get possession by bringing an action in ejectment against the holdover. If the landlord brought the action in ejectment, the action should be dismissed (wrong plaintiff). Some states say this is not fair and authorize landlord as a proper plaintiff (by statute). Common law: Only person who has a legal right of possession can enforce ejectment. Hypo. Landlord and tenant execute a lease for a specified term. T pays rent for several months and then finds out that L had earlier leased the premises to another tenant for the same term. T remains in possession but stops paying rent. L sues T for unpaid rent; T counterclaims for rent already paid. What result? Legal right of possession given to someone else in this case. Promise has been breached. Implied promise is so important that it’s a dependent promise (also an essential promise). Rent abatement has been seemingly satisfied. Landlord has right to recover rent from other tenant. Tenant with actual lease can bring an action in trespass and they will recover the fair rental value as damages as well as an action in ejectment New York Law Before legislation was enacted, NY followed common law: no implied promise to deliver actual possession. But in 1962, the NY legislature enacted statute §223-a. Note. Parties usually agree otherwise , instead of following 223-a. Example: “If landlord fails to deliver actual possession, within 6 months of commencement dates, the tenant has the option to terminate”. Ambiguity in the statute : “There shall be implied a condition that the lessor will deliver possession at the beginning of the term. In the event of breach the lessee shall have the right to rescind the lease…” 1) Legislative history shows that statute is referring to actual possession .
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  • Spring '02
  • Todres
  • Law, ........., Leasehold estate

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