Landlord-Tenant - Pennell PDF

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Pennell...

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2/17/2021 Notebook:

Property

Created:

2/17/2021 8:09 AM

Author:

Olivia Dean

Updated:

2/17/2021 9:47 AM

Tenant Rights Present interest in property Exclusive enjoyment Quiet enjoyment: legal freedom from adverse claim by some third party Warranty of habitability (modern trend) Sometimes said to be restricted to residential leasehold Cockroach/bedbugs aren't adequate When a tenant surrenders the premises, the landlord accepts return of the property, and the lease terminates all rights and obligations of each party to it. If landlord agrees to surrender, contract is effectively terminated If a tenant abandons the premises, the landlord might agree to accept return of the property and terminate the lease, but the landlord otherwise might establish that the alleged defect was not so inhospitable as to warrant surrender and then sue for unpaid rent or other damages. A tenant who does not abandon or surrender their lease most likely to recover "difference" damages Waivers of warranty of habitability are "disfavored" but relatively equal bargaining power may inform upholding. Sublet: original tenant remains obligated to landlord Assignment: conveys everything the tenant had to the assignee Leases are nonfreehold (they don't hold the underlying property) Privity of contract is what matters; determines who landlord can go against if there's a breach Does not end in a sublease and may not end under an assignment Privity of estate: traditional notion that certain rights/responsibilities run with the land One person's enjoyment butts up against another's Novation: landlord’s assent to a sublease or assignment

Ernst v. Conditt “Rent recapture” provisions require an original tenant to share with a landlord any rentappreciation benefit of a sublease to which the landlord assents.

Slavin v. Rent Control bd. of Brookline Rent Control First generation: landlord cannot charge more than a specified rent Second generation: landlord can increase the rent with a new tenant

Skip Chapter 5; for next Wednesday read ~341-358 Won't exam on Chapter 6 Monday March 1st - Review session Wednesday March 3rd - midterm...