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-Transfers a right of possession to a tenant who
gives consideration (rent)
-Both a conveyance and a contract
-Required to be in writing per statute of frauds
--Often only required if term is for more than a year a writing is required
-Covenants: Promises in the lease to do or not do a certain thing
Breach of covenant (money damages)
-Conditions: Qualifications or restrictions upon the landlord or tenant
--Failure of condition (forfeiture of the lease)
▪A binding contract, with reciprocal obligations between the landlord and tenant.
Nature of a lease
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-Common areas
-Habitability (safety hazards)
-Invasion of privacy
-Safety devices and protections from criminal activity or other tenants
Landlord’s responsibility for the safety of tenants:
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-Limits the percentage that a landlord can
raise the rent in a given period (one year lease renewal)
-Has been constitutionally challenged by
landlords as compulsory taking of private property (rent) without just
compensation – determined that rent control is constitutional
Rental Control
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-Flexibility to move
-No maintenance, snow removal, etc.
-Don’t need a big downpayment
Advantages of Renting
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-Don’t build up equity
-Don’t have stability of knowing you own the property
Disadvantages of renting
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An eviction carried out by a landlord primarily for revenge, or
retaliation, against a particular tenant who has in some way angered the
landlord by reporting the landlord to a government agency about the condition of the premises
Retaliatory eviction:
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-An agreement that can be enforced by a court
-An agreement between competent parties; based
on genuine assent of the parties; supported by consideration; made for a lawful
objective and in the form required by law
Definition of a contract
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A tenant who remains wrongfully and without permission after expired lease. Legal process
required to remove tenant
Tenancy at sufferance
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Tenancy for as long as
both parties agree; no termination notice required
Tenancy at will
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A promise usually implied from the landlord that
others will not interfere w/the tenant’s right to occupy the premises
Covenant of quiet enjoyment:
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subsidizes rent payments for poor tenants
Housing and Urban Development (HUD)
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employee of landlord who acts under the direction of
the landlord and whose actions may become legally binding on the owner
Resident manager as agent of landlord:
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Landlord may sue tenant for accrued rent and damages. Damages may
include the cost of repairs for physical damage to the premises, as well as the
rent the landlord may have received if the tenant had completely performed the
rental contract.
Damages landlord can obtain from a tenant who abandons apartment:
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-A requirement that a landlord maintain
livable premises for their tenants
-Failure to provide habitable housing may
allow a tenant to withhold rent, repair, sue landlord or vacate the premises
Breach of warranty of habitability as defense by tenant:
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If landlord breaches a
clause in the lease, tenant may be able to leave before the end of the lease
Constructive eviction as defense to abandonment:
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-Sum of money collected by the landlord to secure
tenant responsibilities
-Includes any amount held to repair any damage
caused by tenant, with the balance to be returned within a reasonable period of
time
-Landlord is expected to detail in writing any
deductions kept from deposit
Security deposit:
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a clause in the lease,
that precludes a tenant from suing for damages caused by the landlord’s
negligence
Exculpatory clause in lease:
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-Summary court proceeding to provide a judgment
of eviction
-Right to return of premises (A landlord can use
a written three-day notice (eviction notice)
How does a landlord legally evict a tenant:
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the transfer of the full Un-expired term of the lease
assignment
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transfer of less than the full unexpired term of a lease to subtenant.
sublease
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-Projected expenses (what cash is due upon moving in)
-Deposits (what is the disposition of all deposits at the end of a lease? Is a full refund possible?
- Condition of Premises (rooms, walls, ceilings, appliances, what is considered ordinary wear and tear?
-Safety (under what circumstance will landlord enter apartment & who has master keys?)
-Rights and responsibilities (rules as in television and stereo use,swimming pool, parking, etc.)
-In case of disputes (will , if any, be handled by ADR or by court
action.)
6 ways to for tenant to protect themselves
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-An agreement that can be enforced by a court
-An agreement between competent parties; based
on genuine assent of the parties; supported by consideration; made for a lawful
objective and in the form required by law
Definition of a contract
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Person who makes a promise
Promisor:
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Person to whom a promise is made
promissee:
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Contract terms are expressly agreed to either orally or in writing
Express contract:
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Not a real contract but a situation where the courts will enforce
contract-like liability to avoid unjust enrichment by one party
Quasi contract:
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make the party whole.
Compensation for loss of bargain due to defendant's failure to perform as promised.
Compensatory damages
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Pre-agreed amount of
damages as part of the contract which is enforceable if the contract if damages for the breach would be
difficult to ascertain when the contract was formed and the amount is a
reasonable forecast of damages caused by the breach.
Liquidated damages:
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-(a promise for an act)
-Contract is formed when one party
finishes requested performance. Performance is acceptance
Unilateral contract:
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(a promise for a promise.)
-Contract is formed when parties
obligate themselves to future conduct.
Contract is formed before either party performs
Bilateral contract
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-Either party may rescind (i.e., cancel or annul
the contract without liability)
Mutual mistake of a material fact;
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-All 50 states and the federal government have adopted parts of
the UCC. Louisiana has not adopted important sales provisions
-The UCC applies if a transaction is a sale or lease of goods
--Tangible personal property
--Not real property
--Not services
--Not intangible property (e.g.,money, securities)
UCC (Uniform Commercial Code):
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A
knowing false representation of a material fact, made through words or conduct,
with intent to deceive a victim who is thereby induced to contract to his or
her injury
Fraud:
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Requires full disclosure to borrowers or
consumers of the cost of credit
Consumer Credit Protection Act of 1968
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(Implied warranty) This is an extremely important warranty, promising that the goods are fit for the ordinary purposes for which such goods are used
warranty of Merchantability
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Requisite of a Valid Contract
-The price or inducement to convince another
to create a contractual obligation
-A special reason why a promise should be
enforced:
--Concept originally included several reasons why promises should
be enforced but through the years has merged into a single theory.
-Implicit understanding that courts and
lawyers should not become involved in every promise we make to one another
Consideration
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-Competent Parties
-Mutual agreement
-Consideration
-Genuine Assent
-Legal in formation and execution
-Form prescribed by law
Requisites of a Valid Contract
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-Obligation often continues even
if marriage is dissolved - spousal support = alimony
--Can be rehabilitative or permanent
Alimony
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-Obligation of Support: Marital relationship expects that each spouse
will provide general support to the other and the children of the marriage
Child Support
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Dissolution of Marriage, ends a marriage but not necessarily terminate spousal responsibilities.
requires court proceeding in which a judgement or decree in dissolution is rendered.
Divorce
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made prior to marriage,
concerning how marital property will be divided in case of a divorce
prenuptial agreement
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The bond formed when a man and a woman live together in the manner of a husband and a wife for the number of years prescribed by stat law, though w/out
observing the legal formalities of marriage, only in some states.
Common law marriage:
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-Tests
to determine father resulting in support; Legitimacy child enjoys rights and sometimes duties, possesses rights of inheritance and typically carries father's surname.
Paternity
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Court systems to protect minor children as well as the public in such
situations. Alternative to criminal courts through court of equity
Juvenile court:
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Parents must exercise reasonable care, supervision, protection, and
control over their minor children. Willful failure to do so may be a crime.
Parents’ responsibility for acts of child:
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failure to exercise reasonable care, supervision and control over minor
children
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Unmarried couples who live together and seek economic and non-economic
benefits available to married couples
Domestic Partnership:
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Contracts:
Enforceability – artificial insemination followed by relinquishment of maternal
rights to child
surrogacy
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Status of
abortion laws first trimester
abortions are legal under constitutional right to privacy
Roe v. Wade
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there is no constitutional right for a woman to live their lives during
pregnancy in such a way that their future children predictably will be
harmed. No Drugs or Alcohol
Responsibility of pregnant woman to fetus:
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Law governing creation and dissolution of marriage;
Divorce or No-fault divorce
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Termination of marriage
Divorce
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