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PROPERTY D SLIDES

PROPERTY D SLIDES. 4-8-16 National Zoo Lovers Day. Friday April 8 Music (to Accompany Barash & Gurian ): Simon & Garfunkel, Greatest Hits (1972) featuring “Bridge Over Troubled Water” (1970). We’ll PDF Acadia 1 st Critique by Noon. (15 Arguments Left)

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PROPERTY D SLIDES

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  1. PROPERTY D SLIDES 4-8-16 National Zoo Lovers Day

  2. Friday April 8 Music (to Accompany Barash & Gurian):Simon & Garfunkel, Greatest Hits (1972)featuring “Bridge Over Troubled Water” (1970) We’ll PDF Acadia 1st Critique by Noon. (15 Arguments Left) Acadia 2d Critique Due Tomorrow@ Noon Sequoia 1st Critique Returned by Noon Monday Sequoia 2d Critique NOW Due Tuesday @ 10:00 a.m.

  3. Review Problem 6B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationAcadia for Plaintiff/Landlord LizaBadlands for Defendant/Tenant TracySequoia Critique (Due Tuesday @ 10:00 a.m.) Be Ready to Make All Three Types of Argument: • Literal: Withinlanguageof either (a) or (b)? • Comparison: More like terms listed in (a) or in (b)? (III) Policy: Should this behavior (without more ) be enuf for eviction

  4. Review Problem 6B: Doing the Challenge(6B)Discuss whether, in the following scenario, under Fl. Stat. §83.56(2), Liza can evict Tracy immediately or whether Tracy is entitled to a right to cure. Assume Tracy has violated her lease. L owns and manages a multi-unit apartment building in Florida; T is one of her tenants. L includes a provision in each of her leases requiring any adult wishing to permanently reside in one of her units to fill out a separate rental application and then to obtain her explicit approval. L recently found out from another tenant that, although T is the only person approved to reside in her unit, T’s 26-year old boyfriend has been living with her for the last nine weeks in violation of the lease provision.

  5. Review Problem 6B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationAcadia for Plaintiff/Landlord LizaBadlands for Defendant/Tenant Tracy (I) Literal: Within language of either (a) or (b)? (b) Examples [that TNT should be given opportunity to cure] include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorizedpets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. Should We Consider BF an “Unauthorized Guest”?

  6. Review Problem 6B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationAcadia for Plaintiff/Landlord LizaBadlands for Defendant/Tenant Tracy (II) Comparison: More like items listed in (a) or (b)? Characterization Exercise • … destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance. • … having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

  7. Review Problem 6B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationAcadia for Plaintiff/Landlord LizaBadlands for Defendant/Tenant Tracy (III) Policy Arguments Is this the sort of violation that warrants immediate eviction?

  8. FRIday Pop Culture Moment BOBBY JONES, THE MASTERS & AUGUSTA NATIONAL GOLF COURSE

  9. LOGISTICS: Pre-Exam Stuff • Exam Technique Workshop Slides & PodCast • Exam Bank • Submitted Sample Exam Answers • 1st Set: E-mail in Next Few Days to Schedule Review • 2d Set: Due Sat. 4/16 @ Noon; Read Instructions for Permitted Qs • Chapter-by-Chapter Info Memos (Starting Later Today) • Review Session (Tue. 4/19) • Pre-Exam Office Hours (Posted Later Today) • Feedback (Check Course Page for Status) • 2d Critiques by Friday 4/22 • 2d Set of Sample Answers (No Later than Noon on Sunday 4/24)

  10. Thank You, Dexter!!

  11. Importance of Factual Context:Legitimate Interests of TNTs/LDLDs • Types of Problems We’ll Address All Require Thought re Parties’ Interests • Interests Can Vary with Different Types of Leases/Parties • Think About Whether Rules Should Change w Context, Especially: • Residential v. Commercial • Sophisticated v. Unsophisticated Parties (Relative Bargaining Power)

  12. Selected Issues in Landlord/Tenant Law • Legitimate Interests of Tenants & Landlords A. Eviction Under the Florida Statutes B. The Right to Transfer II. Habitability & Related Issues

  13. Tenant’s Right to Transfer: Reasonableness Issues Common provision: “No transfer w/o consent of landlord” • “Reasonable” Withholding of Consent • Should Courts Imply “Reasonableness”? • Commercial Tenancies • Residential Tenancies • Waiver Permissible?

  14. Tenant’s Right to Transfer:Definition of of “Reasonable” • Some leases will say “No transfer without consent of L, which will not be withheld unreasonably.” • Some states imply “reasonableness” into leases requiring L’s consent to transfer • What is “reasonable” in these contexts?

  15. Tenant’s Right to Transfer:Definition of of “Reasonable” • What is “reasonable” in these contexts? • Funk: look to what a “reasonable man in the L’s position” would do. (Thanks)

  16. Tenant’s Right to Transfer:Definition of of “Reasonable” (Review) LEGITIMATE CONCERNS • Assurances re Rent • Assurances re Use & Care of Premises • Proposed Use: • Need for Alterations • Legality • Compatible w Other Tenants

  17. Tenant’s Right to Transfer:Definition of of “Reasonable” NOT LEGITIMATE CONCERNS • Personal Taste, Sensibility or Convenience (Funk) • Compare Yeshiva (Note 3 P649-50): must be “readily measurable criteria” relevant to “any landlord” • Lever to Change Lease Terms (esp. T expectations re $) (Funk) • Other Cases: Collateral Economic Advantage (e.g., Filling Other Units) • Note: In Appropriate Context You Can Argue That Cases We’ve Read Are Wrong

  18. SEQUOIA: Funk & DQ6.01-6.02 SEQUOIAS

  19. Tenant’s Right to Transfer:Hypos &Definition of of “Reasonable” DQ6.02 (Sequoia) • L Doesn’t Like Food Served by Proposed Transferee Restaurant • Bait & Switch (T wants to transfer to previously rejected applicant; no financial reason to reject) • Religious or Political Objections

  20. Tenant’s Right to Transfer: DQ6.01 • Lease: “No Transfer w/o L’s Consent” • Should Courts Imply “Reasonableness”? • Commercial Tenancies

  21. Tenant’s Right to Transfer : DQ6.01 Imply Reasonableness (Comm’l)? Arguments FOR Implying Reasonableness • Importance of Alienation • General Reqmt. of Good Faith & Fair Dealing • Protects L’s Legitimate Concerns (esp. re $$$) • Prevents L Using Transfer to Extort Better Lease Terms

  22. Tenant’s Right to Transfer : DQ6.01 Imply Reasonableness (Comm’l)? Arguments Against Implying Reasonableness • Rewriting Contract • Interferes w L’s Control of Own Property • May Lead to Lot of Litigation

  23. TNT’s Right to Transfer: DQ6.01 (Sequoia) • Lease: “No Transfer w/o L’s Consent” • “Reasonable” Withholding of Consent • Should Courts Imply “Reasonableness”? • Commercial Tenancies • Residential Tenancies: Why Might Be Different?

  24. Tenant’s Right to Transfer: DQ6.01Imply Reasonableness (Residential)? Why Different if Residential Lease? • Maybe L more personally involved  More L Control • If L lives on premises  More L control • T may have less knowledge and/or bargaining power  Less L Control • More legit. reasons to reject in comm’l setting More States Imply in Residential Setting

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