DOCSLIB.ORG

Chapter 9 LANDLORD and TENANT LAW Table of Sections Soc

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Chapter 9 LANDLORD and TENANT LAW Table of Sections Soc Selected Readings 12 a. LANDLOIIDANDTI!NAN1' A. N.\TURE OrJ.ll!A.WtOIJI A It!Isc:hoId ;. .. _ ill lII:l4 TIle _llu *~ jlOQ! .. "Y iooltesI in die ~ i'R'­ lllises. aIIII dill IondIanI b.,. 4 fUture ~ (~. Ccttain tiaJIIIi lIA4li11lti1itios flow (Mill 1M ~y rtla!icmblp btt_ b:ndklnl1III<I _ The Ihn:o IIII\iO< 1)'pC> of l--""ld _eo are-w'}tw,....~"" •• da.oad"'......... &lIriU.n-: .. ar-dl~ .... 1e4 __1tI~. a. Fbd ...... "'n- A !ella:)' for )'UI'$ ;. "'"' tIM .. '" ....1IiIM roc. fW:o.I poriW of lin... n ...y bo ri.x _ ....than .,...,(•. , .• Uld"l"' .... 10 yeotS); »1IIIIY be ""nahle lsimilarto • fee .....1<0 ....~, nt 041 ~ ~ 'I'M leI'mlIoaIion date of a len&ro:y 1« )'em is IISU8lJy cctltill. Ali • """II. lIIc ICNIIICy npim 1lI die end of die ~ period ....., tiIiB,.".,,m., IIIIIfcI ,. 1M ..... 1:Nai If dill dale 0{ terJnI.. IlIIiooI is ID1CCIIIia (e.R .• L Joascs IIIc premises to T "uaIillllc cad 0{ /be ...,")._ - hold _ iidllll'lidico hovelll<mJlltd w __ """'" pGriod of <kII:IoOOD. liNt..... c'lU1t$ a I~ fer ycm. II. CraoIiom 'IirraQcia, for yea'llille DIlrIJlOIy ~ by om-.Ieues. Tn mea 5l.1li.., Illa S!aIJJIv 0( l-ilIurk ~ duK ! lea!IC <!realms a Il:ruJIlCy r.... mun! than _ 'jeJIE be ill wrilinfl. fa REAL PROPERTY 35. addition. most states have starutes that restrict the number of years {or wh:cb a lease~ holdestale may be creared (e.g .. 51 years for farm property and 99 years for urban property). When the lease term exceeds the statutory maximum. most courts hold that the lease is enliRly void. Likewise, where the lease contains an option to renew for a period beyond the permitted maximum. most courts hold the entire lease void. c. Termioalion A IeDancy for years ends autollllllkally on its lermination dale. 1) Breach of Covenants In most tenancy for years leases, the landlord reserves the right tp tenninate if the lenant breaches any of the leasehold oovenants. This reserved power is called the landlord's right of '1II1y. 0) Failure to Pay Rent In many jurisdictions, if the lenant fails to pay the promised rent, the landlord has the right to lerminale the lease ""'. ill tIN lib""", ofa ,n.rved right of tIII1y. 2) SUJTender A IenaIlCy for years also terminates upon surreoder. Surrender consists of the tenant giving up his leasehold interest to the landlord and the landlord accepting. Usually the same fol'lllllliM. are required for the surrender of a leasehold as are necessary for its creation. Thus, a writing is necessary for the surrender of a leasehold if the unexpired teon is more than one year. 2. Periodic Tenancies A periodic tenancy is a tenancy that continues from year to year or for successive fractions of a year (e.g .. weekly or monthly) untillefmioated by proper notice by either party. The beginning date must be cenain, but the "n,.;"lIIkm dou is always uncertain until notice is given. All conditions and terms of the tenancy are carried over from one period to the next unless there is a Jease provision to the contrary. Periodic tenancies do not violate the rules limiting Ihe length of leaseholds because each pany retains the power to terminate upon giving notice. a. Creation Periodic IeDaneie, can be crealed in three ways: 1) By Express Agroemenl Periodic tenancies can be created by express agreement (e.g •• "Landlord leases to Tenant from month to month"). 2) By Jmpli<atlon A periodic lenancy will be implied if the lease has no set lermination but does provide for the payment of rent at specific periods. Example: ''Landlord leases to Tenant at a rent of$l00payabk momhly in advance." The reservation of monthly rent will give rise to a peri­ odic tenancy from month to month. Note: If the lease reserves an annual rent, payable monthly (e.g .. ''$6,000 per anount, payable $500 00 the first day of every month commencing January I"), the majority view is that the periodic IeDancy is from y_ to year. 3) By Opentioo of Law A periodic tenancy may arise even without an express or implied agreement between the parties. a) Tenant Holds Over If a tenant for years remains in (Klssession after the tennination of his ten­ ancy period, the landlord may elect to treat the tenant as a periodic tenant on the same lerms as the original lease. (See S.b., infra.) b) Lease Invalid If a lease is invalid (e.g .. because of failure to satisfy the Statule of Frauds) and the tenant nonetheless goes inlo possession, the tenant's periodic pay­ ment of rent will oonvert what would otherwise be a teuancy at will into a 36. REAL PROPERTY periodic tenancy. The period of Ibe tenancy coincides wilb Ibe period for which !he rent is paid. b. Termination-Notice R uired A periodic tenancy is tulIo"'!..nca/ly 7On.Wlld, from period to period, until proper notice of termination is given by either party. Many jurisdictions have statutorily prescribed the notice required to tenninate a periodic tenancy. In general, the guidelines are as foDows: (i) The tenancy must end at the end ofII "1UIIuIYIl" uose period. (ti) For a tenancy from year to year, six mollllu' 1IOIic. is required. (iii) For tenancies less than one year in duration, afuU".riDd in adVtlllc« of the period in question is required by way of notice (e.g., for a monlb-t<>-monlb periodic tenancy, one full month's notice is required). In generol, !he notice required to terminate a periodic tenancy must be in .,riling and must actually be tkU.,.nd to the pany in question or deposited at his residence in a manner similar to that required for service of process. 3. TeDaDcies at Will A tenancy at will is an estate in land that is tenninable at !he will of either !he landlord or Ibe tenant. To be • tenancy at will, both the landlord and !he tenant must have the right to terminate Ibe lease at will. (i) If Ibe leas. gives ollly the kut4lord !he right to terminate at will, ••_ right will generally be implied ill I"..". olthe telltJllt so that the lease creates a tenancy at wiD. (ti) If Ibe lease is only at !he will of the te""nl (e.g .. "for so long as the tenant wishes"), courts usually"" IIOt imply 0 righJ to III'1f1i11Dte ill lollt1l' 01 the 1IuuJIiJrd. Rather, most courts interpret the conveyance as creating a life estate or fee simple. either of which is terminable by the tenanL (If the Statute of Frauds is not satisfied. the conveyance is a tenancy at will.) .. Creation A tenancy at will generally arises from a specific understanding between the panics that .UMr pIIIty may termiluJte the tenancy at any time. Note that unless the parties up7Oss" agrt. to a tenancy at will,lbe payment of regular rent (e.g., monlbly, quar­ terly, etc.) will cause a court to treat the tenancy as a periodic tenancy. Thus, tenancies at will are quite rare. Although a tenancy at will can also aPse when the lease is for an indefinite period (one that does not satisfy the requirements for creating a tenancy for years), or when a tenant goes into possession under a lease that does not satisfy the requisite fonnalities (usually !he Statute of Frauds), rent payments will usually convert it to a periodic tenancy. b. Termination A tenancy at will may be tenninated by eitlu!r pIIIty wi/iwat tuJIii: •. However. a rea­ sonahle demand to quit Ibe premises is required. A tenancy at will tennin.tes by Opel'lllioll of law if: I) Either party .u.s; 2) The tenant commits was"; 3) 1be tenant attempts to asign his tenancy; 4) The landIDrd IrtlIIsle,. his llltenst in the property; or 5) The landIDrd IX.Cute. 0 term lease to a third person. 4. Terumcies at Sulfel'llDCe A tenancy at sufferance (sometimes called ··occupancy at sufferance") arises when a tenant .,TOlIgfuUy remains in possession after Ibe expiration of. lawful tenancy (e.~ .. after the stipulated date for !he termination of a tenancy for yean; or after the landlord has exercised a power of termination). Such a tenant is a wrongdoer and is IiBbkfoT rent. The tenancy at REAL PROPERTY 37. sufferance laslS only until the landlord takes steps to evict the tenant. No notice isrequired to end the tenancy. and authorities are divided as to whether this is even an estate 10 land. S. The Hold-Ov.,. DoctriDe When a tenant continues in poasession after the termination of his right to possession. the landlord bas two choices of action: a. Evictiou The landlord may treat the hold-over tenant as a trespasser and evict him under an unlawful detainer statute. b. C.... tion of Periodie Tenaocy The landlord may, in his sole discretion, bind the tenant to a new periodic tenancy. 1) Terms The terms and conditions of the expired tenancy (e.g .. rent, coven ..lS, etc.) apply to the new tenancy. If the original lease tenn was for DIU y«II' or IlUJn. a year-lo­ year tenancy resuJlS from holding over. If the original term was for kss tIum one ylt1T, the periodic term is determined by the manner in which the rent was due and payable under the prior tenancy. In ,...ilknIiIIJ leases, however, most courts would rule the tenant a month-to-month tenant (or a week-to-week tenant if the lenanl was a roomer paying weekly rent), irrespective of the term of the original lease. Exampk: A nonresidential tenant was holding under a six-month term tenancy with rent payable monthly.
Load more

Recommended publications
  • Landlord and Tenant Rights and Remedies After Default (Commercial Lease) (NY)
    Landlord and Tenant Rights and Remedies after Default (Commercial Lease) (NY) Go to: Importance of Lease Terms | Tenant Defaults | Landlord Remedies | Tenant Defenses | Common Landlord Defaults | Tenant Remedies | Bankruptcy Considerations | Voluntary Surrender (Agreement for Early Termination) Current as of: 03/03/2020 This practice note discusses default and remedy provisions that are commonly included in commercial leases in New York focusing on office, retail, and industrial leases. This note also addresses recent changes to the law pursuant to New York's Housing Stability and Tenant Protection Act of 2019 (2019 Act), bankruptcy provisions in commercial leases, and early lease termination via use of a voluntary surrender agreement. Specialized leases involving leasehold mortgages and ground leases vary widely and usually include complex, deal-specific provisions, and requirements. This practice note does not address the unique situations these leases present, but instead concentrates on the defaults, remedies, and defenses that often arise in commercial lease disputes, through the lens of New York law. For further guidance on negotiating commercial leases, see Commercial Real Estate Leasing (NY), Office Lease Agreement, Retail Lease Agreements, and Industrial Lease Agreements. For commercial lease forms, see Office Lease Agreement (Short Form) (NY), Office Lease (NY), Retail Lease Agreement (Long Form) (NY), Residential Lease Agreements (NY), and Retail Lease Agreement (Short Form) (Pro-Landlord) (NY). See 4 NY Practice Guide: Real Estate §§ 27.01–27.04 for information on rights and liabilities of landlords and tenants in commercial leases in New York. Importance of Lease Terms In New York, commercial leases are governed by the same rules that apply to contract interpretation generally and by statute, including N.Y.
    [Show full text]
  • Infiltration of Secondhand Smoke Into Condominiums, Apartments and Other Multi-Unit Dwellings: 2009 (2009)
    A Law Synopsis by the Tobacco Control Legal Consortium October 2009 Infiltration of Secondhand Smoke into Condominiums, 5PCBDDP$POUSPM Apartments and Other Multi-Unit Dwellings: 2009 -FHBM$POTPSUJVN Susan Schoenmarklin Law. Health. Justice. This synopsis is provided for educational purposes only and is not to be construed as a legal opinion or as a substitute for obtaining legal advice from an attorney. Laws cited are current as of September 2009. The Tobacco Control Legal Consortium provides legal information and education about tobacco and health, but does not provide legal representation. Readers with questions about the application of the law to specific facts are encouraged to consult legal counsel familiar with the laws of their jurisdictions. Suggested citation: Susan Schoenmarklin, Tobacco Control Legal Consortium, Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings: 2009 (2009). Tobacco Control Legal Consortium 875 Summit Avenue Saint Paul, Minnesota 55105 USA [email protected] www.tobaccolawcenter.org 651.290.7506 Copyright © 2009 Tobacco Control Legal Consortium This publication was made possible by the financial support of the American Cancer Society and the Robert Wood Johnson Foundation. Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings: 2009 Susan Schoenmarklin Introduction Key Points The demand for smoke-free apartments and condominiums is soaring, spurred by warnings about secondhand smoke from • Landlords and condo- leading health experts. The 2006 Report of the U.S. Surgeon minium associations General, The Health Consequences of Involuntary Exposure to may prohibit smoking Tobacco Smoke, cautioned that there is “no risk-free level of or refuse to allow exposure to secondhand smoke” and that “even small amounts smoking for new, and of secondhand smoke exposure can be harmful.”1 The report in many cases existing, included a discussion of the infiltration of secondhand smoke occupants.
    [Show full text]
  • Types of Deeds Components of the Deed
    Types of Deeds General Warranty • Warrants title against all defects in title, whether they arose before and after grantor took title. Special Warranty • Warrants title against the grantor’s own acts but not the acts of others. Quitclaim • No warranties. Conveys whatever interest/title that grantor has, which could be nothing. U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2008 Marcilynn A. Burke All rights reserved. Provided for student use only. Components of the Deed • Location of the property • Salutation • Grantor’s name and residence • Consideration, receipt of consideration, and method of payment • Granting grantee the property and grantee residence U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2008 Marcilynn A. Burke All rights reserved. Provided for student use only. 1 Components of the Deed Cont’d • Description of the property • Habendum (to-have-and-to-hold) • Warranty • Any limitation of title or the interest • Execution date and place • Execution • Acknowledgment (notary) U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2008 Marcilynn A. Burke All rights reserved. Provided for student use only. Warranties • Present • Covenant of seisin • Covenant of right to convey • Covenant against encumbrances • Future • Covenant of general warranty • Covenant of quiet enjoyment • Covenant of further assurances U N I V E R S I T Y of H O U S T O N Professor Marcilynn A.
    [Show full text]
  • Constructive Eviction and Implied Warranties in Leasing Stuart R
    University of Baltimore Law Forum Volume 11 Article 9 Number 1 Fall 1981 1981 Caveat Venditor: Constructive Eviction and Implied Warranties in Leasing Stuart R. Blatt Nicholas Nunzio Follow this and additional works at: http://scholarworks.law.ubalt.edu/lf Part of the Law Commons Recommended Citation Blatt, Stuart R. and Nunzio, Nicholas (1981) "Caveat Venditor: Constructive Eviction and Implied Warranties in Leasing," University of Baltimore Law Forum: Vol. 11: No. 1, Article 9. Available at: http://scholarworks.law.ubalt.edu/lf/vol11/iss1/9 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Forum by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. FORUM Solution: Page 40 Hidden Legal Lingo by Jim Oigan Find and Circle the Word brief attach B A L E A Q U I T T E R E surety appeal A T T A C H U I R N Y M U caveat N R I T R I P E M R E D S indemnify libel D E K E 0 T P R 0 C E S S intervene eject E S A U F C E N J E U V I quit claim M T F R 0 L A U T N D T 0 arrest limitations N C M S R A L I B E L L R survivor kin I G E I P I H L E V Y U T cepi process S R L A A F L 0 P K M I R pro forma Y B A W I T C E J E P S E rule levy R 0 V I V R U S R T Q S V assault cause L I M I T A T I O N S A A issue C A U S E R 0 T D I E R G the result that there existed no implied warranty of hab- Caveat Venditor: itability or fitness for use of the leased premises.
    [Show full text]
  • Property and Conveyancing William Schwartz
    Annual Survey of Massachusetts Law Volume 1973 Article 4 1-1-1973 Chapter 1: Property and Conveyancing William Schwartz Follow this and additional works at: http://lawdigitalcommons.bc.edu/asml Part of the Property Law and Real Estate Commons Recommended Citation Schwartz, William (1973) "Chapter 1: Property and Conveyancing," Annual Survey of Massachusetts aL w: Vol. 1973, Article 4. Schwartz: Chapter 1: Property and Conveyancing CHAPTER 1 Property and Conveyancing WILLIAM SCHWARTZ• §1.1. Abolition of the doctrine of worthier title. Sections 33A and 83B of chapter 184 have been added to the General Laws.1 These statutes abolish the doctrine of worthier title. In order to comprehend the impact of these statutes it is necessary to understand both of the common law branches of this rule-testamentary worthier title and inter vivos worthier title. Since these statutes may not affect prior conveyances or devises, such an understanding of the common law branches remains essential. At common law, if land was devised, and a devisee was given an estate of the same quantity and quality as he would have taken if the devise had been stricken out of the will, he was deemed to take the inter­ est by descent and not by devise.2 This is known as the Doctrine of Testamentary Worthier Title. A variety of reasons have been suggested for the rule, including the desire on the part of medieval lords to preserve the valuable incidents of tenure.8 For example: 0 owns Blackacre in fee simple absolute. 0 devises it to A. At O's death, A is O's heir.
    [Show full text]
  • Landlord and Tenant Act 1954
    c i e AT 8 of 1954 LANDLORD AND TENANT ACT 1954 Landlord and Tenant Act 1954 Index c i e LANDLORD AND TENANT ACT 1954 Index Section Page 1 Short title and construction ........................................................................................... 5 2 Saving clause ................................................................................................................... 5 3 Interpretation ................................................................................................................... 5 Nature of Tenancies and the Law applicable thereto 6 4 Kinds of tenancies ........................................................................................................... 6 5 Tenancies and the law applicable thereto ................................................................... 7 Capacity for Letting Property 7 6 General contract law to govern capacity to enter into tenancies ............................. 7 Provisions relating to Contracts of Tenancy 8 7 Agreements of tenancy for more than one year to be in writing ............................. 8 8 Annual tenancies ............................................................................................................ 8 9 Void periodic tenancies.................................................................................................. 8 10 Tenancy deemed annual tenancy unless contrary be proved .................................. 9 11 Authority to doweress, tenant by curtesy, etc, to grant leases ................................. 9 12 Recovery
    [Show full text]
  • Georgia Landlord-Tenant Handbook |1
    GEORGIA LANDLORD TENANT HANDBOOK A Landlord-Tenant Guide to the State’s Rental Laws Revised February 2021 Georgia Landlord-Tenant Handbook |1 Introduction This Handbook provides an overview and answers common questions about Georgia residential landlord-tenant law. The information in this Handbook does not apply to commercial or business leases. The best solution for each case depends on the facts. Because facts in each case are different, this Handbook covers general terms and answers, and those answers may not apply to your specific problem. While this publication may be helpful to both landlords and tenants, it is not a substitute for professional legal advice. This Handbook has information on Georgia landlord-tenant law as of the last revision date and may not be up to date on the law. Before relying on this Handbook, you should independently research and analyze the relevant law based on your specific problem, location, and facts. In Georgia, there is not a government agency that can intervene in a landlord-tenant dispute or force the landlord or tenant to behave a particular way. Landlords or tenants who cannot resolve a dispute need to use the courts, either directly or through a lawyer, to enforce their legal rights. The Handbook is available on the internet or in print (by request) from the Georgia Department of Community Affairs (www.dca.ga.gov). Table of Contents Relevant Law 3 Entering into a Lease and Other Tenancy Issues 5 1. Submitting a Rental Application 5 2. Reviewing and Signing a Lease 5 3. Problems During a Lease: 10 4.
    [Show full text]
  • An Introduction to Social Housing, Second Edition
    An Introduction to Social Housing Prelims.qxd 1/21/05 11:30 AM Page ii To my wife, Marlena, with all my love. Prelims.qxd 1/21/05 11:30 AM Page iii An Introduction to Social Housing Second edition PAUL REEVES MA(CANTAB) MCIH PGCE(HE) MCMI AMSTERDAM BOSTON HEIDELBERG LONDON NEW YORK OXFORD PARIS SAN DIEGO SAN FRANCISCO SINGAPORE SYDNEY TOKYO Prelims.qxd 1/21/05 11:30 AM Page iv Elsevier Butterworth-Heinemann Linacre House, Jordan Hill, Oxford OX2 8DP 30 Corporate Drive, Burlington, MA 01803 First published in 1996 by Arnold Second edition 2005 Copyright © 1996, P. Reeves; © 2005, Elsevier Ltd. All rights reserved. No part of this publication may be reproduced in any material form (including photocopying or storing in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright holder except in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court Road, London W1T 4LP, England. Applications for the copyright holder’s written permission to reproduce any part of this publication should be addressed to the publisher Permissions may be sought directly from Elsevier’s Science and Technology Rights Department in Oxford, UK: phone: (44) (0) 1865 843830; fax: (44) (0) 1865 853333; e-mail: [email protected]. You may also complete your request on-line via the Elsevier Science homepage (www.elsevier.com), by selecting ‘Customer Support’ and then ‘Obtaining Permissions’ ISBN 0 7506 63936 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library For information on all Butterworth-Heinemann publications visit our website at http://bookselsevier.com Typeset by Charon Tec Pvt.
    [Show full text]
  • The Indigent Tenant and the Doctrine of Constructive Eviction, 1968 Wash
    Washington University Law Review Volume 1968 | Issue 3 January 1968 The ndiI gent Tenant and the Doctrine of Constructive Eviction Follow this and additional works at: http://openscholarship.wustl.edu/law_lawreview Recommended Citation The Indigent Tenant and the Doctrine of Constructive Eviction, 1968 Wash. U. L. Q. 461 (1968). Available at: http://openscholarship.wustl.edu/law_lawreview/vol1968/iss3/4 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE INDIGENT TENANT AND THE DOCTRINE OF CONSTRUCTIVE EVICTION INTRODUCTION In its report, President Johnson's National Advisory Commission on Civil Disorders, more popularly know~m as the "Riot Commission," stated: Today, after more than three decades of fragmented and grossly under-funded Federal housing programs, decent housing remains a chronic problem for the disadvantaged urban household. Fifty- six percent of the country's nonwhite families live in central cities today, and of these, nearly two-thirds live in neighborhoods marked by substandard housing and general urban blight. For these citizens, condemned by segregation and poverty to live in the decaying slums of our central cities, the goal of a decent home and suitable environment is as far distant as ever.' The Commission also summarized some of the reasons for the snow- balling phenomenon of the ghetto housing: The reasons many Negroes live in decaying slums are not diffi- Most ghetto resi- cult to discover.
    [Show full text]
  • QUESTION 1 Purchaser Acquired Blackacre from Seller in 1988
    QUESTION 1 Purchaser acquired Blackacre from Seller in 1988. Seller had purchased the property in 1978. Throughout Seller's ownership, Blackacre had been described by a metes and bounds legal description, which Seller believed to include an island within a stream. Seller conveyed title to Blackacre to Purchaser through a special warranty deed describing Blackacre with the same legal description through which Seller acquired it. At all times while Seller owned Blackacre, she thought she owned the island. In 1978, she built a foot bridge to the island to allow her to drive a tractor mower on it. During the summer, she regularly mowed the grass and maintained a picnic table on the island. Upon acquiring Blackacre, Purchaser continued to mow the grass and maintain the picnic table during the summer. In 1994, Neighbor, who owns the property adjacent to Blackacre, had a survey done of his property (the accuracy of which is not disputed) which shows that he owns the island. In 1998, Neighbor demanded that Purchaser remove the picnic table and stop trespassing on the island. QUESTION: Discuss any claims which Purchaser might assert to establish his right to the island or which he may have against Seller. DISCUSSION FOR QUESTION 1 I. Mr. Plaintiffs Claims versus Mr. Neighbor One who maintains continuous, exclusive, open, and adverse possession of real property for the requisite statutory period may obtain title thereto under the principle of adverse possession. Edie v. Coleman, 235 Mo. App. 1289, 141 S.W. 2d 238 (1940), Vade v. Sickler, 118 Colo. 236, 195 P.2d 390 (1948).
    [Show full text]
  • View the Slip Opinion(S)
    IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE VOTIV, INC., a Washington ) No. 78289-4-1 corporation, ) ) Appellant, ) ) v. ) ) BAY VISTA OWNER LLC, a Delaware ) limited liability company; BAY VISTA ) BUILDING ASSOCIATION, a nonprofit ) association; BAY VISTA BUILDING, a ) Washington nonprofit corporation; BAY ) VISTA RESIDENTIAL TOWER ) ASSOCIATION, a Washington ) corporation, THE CWD GROUP, ) INCORPORATED, a Washington ) UNPUBLISHED OPINION corporation; and TATLEY-GRUND, ) INC., a Washington corporation, ) FILED: September 16, 2019 ) Respondents. ) ) VERELLEN, J. —A commercial landlord must fulfill its contractual duties of repair and maintenance in a reasonable manner. When a landlord fulfills its duties unreasonably and interferes with its tenant's use and enjoyment of its leasehold, then it can be liable for the tort of nuisance. If that unreasonable conduct also substantially deprives the tenant of the peaceable use and enjoyment of its leasehold, the landlord can be liable for breaching the covenant of quiet enjoyment as well. Votiv, Inc.'s, lease does not prevent it from suing landlord Bay Vista No. 78289-4-1/2 Owner LLC (BV0)for nuisance or breach of the covenant of quiet enjoyment. Votiv presented sufficient evidence to defeat summary judgment on its nuisance and covenant of quiet enjoyment claims against BV0. But Votiv's claim of constructive eviction does not survive summary judgment because Votiv never abandoned its leasehold. Neither party is entitled to contractual attorney fees under the lease because, at this stage of the proceedings, neither is a "successful party," as required in the lease. And no other party can seek fees under the lease because the lease limits fee requests to the landlord and tenant.
    [Show full text]
  • Landlord and Tenant Law - the Mpliedi Warranty of Habitability in Residential Leases Barbara Maier
    Marquette Law Review Volume 58 Article 14 Issue 1 1975 (Number 1) Landlord and Tenant Law - The mpliedI Warranty of Habitability in Residential Leases Barbara Maier Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Barbara Maier, Landlord and Tenant Law - The Implied Warranty of Habitability in Residential Leases, 58 Marq. L. Rev. 191 (1975). Available at: http://scholarship.law.marquette.edu/mulr/vol58/iss1/14 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. 19741 RECENT DECISIONS obtained while the juvenile was under the jurisdiction of the juve- nile court to be later used in a criminal trial. For the above mentioned reasons, the Arizona approach in Maloney is to be preferred over that of the Minnesota court in Loyd. When this question presents itself in other jurisdictions, Maloney is the precedent which should be followed.27 GREGORY M. WEYANDT Landlord and Tenant Law-The Implied Warranty of Habitability in Residential Leases-The recent case of Green v. Sumskil arose when landlord Jack Sumski, seeking possession of leased premises and back rent, commenced an unlawful detainer action in the San Francisco Small Claims Court. The tenant admitted nonpayment of rent and defended the action on the ground that the landlord failed to maintain the premises in a habitable condition. The small claims court awarded the landlord possession of the premises and entered a money judgment for back rent against the tenant.
    [Show full text]