Exam (elaborations)
REE 3433 Ch. 11
Exam of 7 pages for the course TAX 4001 at TAX 4001 (REE 3433 Ch. 11)
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REE 3433 Ch. 111. Condition of premises - ANS-*Who has duty to maintain property
A.) Conditions Existing When Lease Was Made
*Traditional Rule of Caveat Emptor or "Let the Buyer Beware"
*Tenant can inspect the premises before signing the lease
B.) Conditions Arising After Tenant Takes Possession
*Common Law - tenant assumes risks arising after taking possession. In many states,
common law doesn't apply and tenant not liable when premises are destroyed by
natural force. Landlord often has duty to keep premises in repair.
2. Tenants use of property - ANS-*tenant may use for any legal purposes consistent
with the nature of property or intention of the parties.
*Tenant may generally make physical changes to enhance use of property, but not
structural alterations even if they increase value of property.
*Tenant is not responsible for changes due to normal wear and tear that result from
reasonable use of the property
3. Transfer of leasehold interests - ANS-Assignment - transfer of the entire unexpired
remainder of the lease to an Assignee (new tenant)
1.The assignee has same rights as assignor
2. Assignor is also liable unless Assignee releases Assignor - this is called a "novation"
Amount of rent - ANS-1. Time and place for rent payment
2. Dollar amount, increase in rent (gradual, cost-of-living index, percentage of business,
appraisal method of value of property)
3. Extension of lease should provide amount of rent
4. "Additional Rent" - other payments under a lease
Cont. - ANS-Liability for Tenant's Activities:
Specifically when Landlord has knowledge
Landlord's Liability for Criminal Acts Court tests:
(i) Does Landlord have duty to Tenant to use reasonable care in preventing criminal
conduct?
, (ii) Was Landlord's negligence the legal cause, in the natural sequent of events, of the
injury?
(iii) Should negligent party have foreseen the likelihood that the crime would be
committed?
Conveyance theory - ANS-*Lease conveyed a possessory interest in property in tenant.
*Landlord retained ownership interest in property
A "reversion"
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.
Eviction process - ANS-In evictions predicated on a failure to pay rent, a landlord must
serve the tenant with a written notice allowing three days (excluding weekends and
legal holidays) for the tenant to pay the rent or vacate the premises. If the tenant does
not pay within the three days, the landlord may begin the eviction process.
the tenant shall pay into the registry of the court the accrued rent as alleged in the
complaint or as determined by the court and the rent that accrues during the pendency
of the proceeding, when due
Failure of the tenant to pay the rent into the registry of the court or to file a motion to
determine the amount of rent to be paid into the registry within 5 days,
Exculpatory Clauses - ANS-A clause in a lease that releases a party from liability from
lawful acts.
Failure to meet lease obligations - ANS-Except for the failure to pay rent, a landlord
must notify the tenant, in writing, of the shortcomings and give the tenant seven days to
correct the situation. If the tenant does not reply within seven days, the landlord can
begin the eviction process.
FHA - ANS-The Fair Housing Act (FHA) prohibits discrimination in the sale or rental of
housing.
Federal prohibition
Four essential lease requirements - ANS-1. Names and signatures
2. Description of land
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