Exam (elaborations)
REE 3433 Ch. 11 (1).
- Module
- REE 3433 CH 4 & 5
- Institution
- REE 3433 CH 4 & 5
REE 3433 Ch. 11 (1).
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REE 3433 Ch. 11Landlord tenant - ANS-The landlord-tenant relationship originated in England, where
leases allowed lenders to make loans while avoiding the church's prohibition against
charging interest.
Conveyance theory - ANS-*Lease conveyed a possessory interest in property in tenant.
*Landlord retained ownership interest in property
A "reversion"
Leasehold - ANS-There are four types of leaseholds:
Estate for years
Periodic Tenancy
Tenancy at Will
Tenancy at Sufferance
Estate for years - ANS-An estate for years is a leasehold estate of a fixed period of
time; it has a definite beginning and a definite end.
Periodic Tenancy - ANS-a tenancy that continues for successive periods until the tenant
gives the landlord notification that he wants to end the tenancy
Tenancy at will - ANS-A landlord-tenant relationship that endures so long as both parties
agree to its continuance.
The tenancy at will is mainly relegated to non-commercial situations - social situations
such as "stay as long as you like"
In Florida, unwritten nonresidential (commercial) tenancies are presumed to be
tenancies at will: "Any lease of lands and tenements, or either, made shall be deemed
and held to be a tenancy at will unless it shall be in writing signed by the lessor
Tenancy at sufferance - ANS-*a tenant who stays past the expiration of his or her lease
*Right to demand double rent upon refusal to deliver possession
*All contracts for rent, verbal or in writing, shall bear interest from the time the rent
becomes due
, Licenses vs. lease - ANS-A license is distinguishable from a lease in that a lease gives
a tenant a possessory interest or right in property, whereas a license merely gives a
licensee temporary permission to enter onto property.
Ex: sporting ticket (license)
FUAs are commonly used to permit the use of school facilities by non-school
organizations such as church groups, civic organizations and little leagues
you can get kicked out of property with a license but not with a lease.
Hotel rooms - ANS-The Florida Residential Landlord and Tenant Act (FRLTA) does not
apply to "[t]ransient occupancy in a hotel, condominium, motel, rooming house
Hotel residents are not considered tenants
FHA - ANS-The Fair Housing Act (FHA) prohibits discrimination in the sale or rental of
housing.
Federal prohibition
Local prohibitions - ANS-Orlando municipal ordinances prohibit discrimination because
of race, color, religion, sex, familial status, national origin, handicap, and sexual
orientation, sexual orientation being defined as "the condition of being heterosexual,
homosexual or bisexual."
FRLTA - ANS-Landlords responsibility:
The extermination of rats, mice, roaches, ants, wood-destroying organisms, and
bedbugs.
Locks and keys.
The clean and safe condition of common areas.
Garbage removal and outside receptacles therefor.
Functioning facilities for heat during winter, running water, and hot water.
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