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Business Law Final
Chapter 18
22
Management
Undergraduate 3
12/05/2012

Additional Management Flashcards

 


 

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Term
Tenancy for years
Definition
is a tenancy for any period of time, even if the time stated is less than one year.
Term
periodic tenancy
Definition
is a tenancy for automatically renewable periods of time, such as month-to-month
Term
tenancy at will
Definition
is a tenancy with no specific time frame; it is terminable by either party at anytime
Term
tenancy at sufferance
Definition
is a wrongful possession of land by a tenant- either wrongful initial possession or a wrongful holding over after a lease term.
Term
Lease
Definition
gives a tenant a right to temporary exclusive possession of real estate. It is temporary, because the landlord has a future interest requiring the return of possession to the landlord. It is exclusive, because the landlord hs no right to occupy the premises while rightly in possession of the tenant
Term
Agreements in a lease (covenants)
Definition
1. Dependent covenant
2. independent covenant
Term
Dependent covenant
Definition
is a material or important agreement in the lease, so that a breach of a dependent covenant releases that nonbreaching party from all duties under the lease
Term
independent covenant
Definition
is an immaterial or unimportant agreement in the lease, so that a breach of an independent covenant does not release the other party from the lease
Term
Lease conditions
Definition
is a standard which the tenant must meet in order to continue occupancy of the property
Term
English rule
Definition
requires that the landlord give actual possession of the property to the tenant as part of the dependent covenant to provide possession
Term
MERICAN' rule
Definition
only requires the landlord to give legal right to possession. This would mean that if you were about to move into an apartment under a lease, and the previous tenant still remained there, it would be your duty as a tenant to have the previous tenant legally removed rather than the landlord.
Term
3 types of evictions
Definition
1. actual eviction
2. retaliatory eviction
3. constructive eviction
Term
actual eviction
Definition
is an eviction which occurs by eviction notice or legal action
Term
retaliatory eviction
Definition
is an eviction in response to a complaint by a tenant to a Housing Authority
Term
Constructive eviction
Definition
is the abandonment by a tenant of residential real estate because the landlord's actions give no responsible alternative
A tenant must prove 3 things:
1. that there is a substantial defect in the premises or interference with possession that causes substantial interference with the ability of the tenant to live there
2. the tenant notifies the landlord of the problem, but the landlord fails to remedy the situation
3. the tenant abandons the real estate
Term
constructive
Definition
a word used in law when something did not actually happen but it will be deemed to have happened because it seems fair under the circumstances
Term
Waste
Definition
is the intentional or negligent damaging of real estate
Term
Nonpayment
Definition
failing to make a payment
Term
prohibited alterations
Definition
the the lease prohibits any changes and the tenant does so, they can be evicted
Term
Unlawful use
Definition
if a tenant is caught operating a whore house/ crack house, this can be eviction worthy
Term
nuisance
Definition
unjustified interference with the use of another person's real estate. (Loud parties)
Term
implied warranty of habitability
Definition
requires a residential landlord to keep the leased property fit for human habitation- that is the property must be free of defects which endanger the life, health or safety of tenant
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