Property Practice Exam Instructions:
If you have not already done so, take the exam and then compare your Property essay answers to this sample. If necessary, you can also review the Property Rules of Law for this exam.
Since law school professors vary in what they consider excellent work, this answer is only presented as a sample. The rights and responsibilities of the two parties can be best understood by breaking them into three periods of time. The applicable rule depends on the jurisdiction.
The majority view is that the landlord must deliver the premises to the tenant at the beginning of the leasehold term. Failure to do so means that the landlord is in breach. Under the majority view, L had a duty to evict H in order for T to gain possession.
Since the holdover tenant, Harry Hprevented T from gaining possession, L would be in breach of the lease and be liable to T for the cost of the motel and other reasonable expenses such as the cost of rental van during the two weeks she did not occupy the apartment.
The minority view is that it is up to T to evict H to gain possession. Consequently, under this view, T is liable to L for rent even though she cannot occupy the apartment. L has no liability or duty to T under this rule. From Date Tenant Begins Occupancy to Date Tenant Abandons Premises September 15 to November 15 The issue is whether L's affirmative act of turning off the hot water and heat in retaliation for T's failure to pay was either a constructive eviction or a breach of the warranty of habitability sufficient to relieve T of her duties under the lease.
T has a duty to pay rent under the lease. Even though L may have been liable for two weeks worth of living expenses in September, T would probably have to seek a judgement in a court of law to get those expenses. Since T did not pay rent on October 1, L's remedy under the common law is to sue for the rental payment.
Under the more modern view, L could sue for both the amount of rent due and to evict T. However, those duties may be mitigated by L's failure to provide necessary services. However, under all leases there is an implied covenant of quiet enjoyment.
The landlord can engage in no act that prevents the tenant from quietly enjoying her tenancy. Thus, the landlord must provide for services that make the residential property habitable. Alternatively T also has a theory to limit her liability for rent under the implied warranty of habitability.
Under the quiet enjoyment theory, T will argue that a constructive eviction occurred.
T can argue that she can properly terminate the lease and seek damages at very least, the cost of the gym membership to take the shower because the landlord acted to make the premises uninhabitable by turning off the heat and hot water.Property law, and examination: eu law the challenge of your ielts essay examination: eu law concentrate 2e.
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Do you want to buy a custom essay online because you feel you are stuck with the process of writing? Is writing an essay on a complicated . Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said metin2sell.com the context of this article, it is one or more components (rather than attributes), whether physical or incorporeal, of a person's estate; or so belonging to, as in being owned by, a person or jointly a group of people or a legal .
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