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REE 3433 Final Review CH. 11
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REE 3433 Final Review CH. 11
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REE 3433 Final Review CH. 114 Types of Leaseholds - ANS-1) Estate for years
2) Periodic Tenancy
3) Tenancy at Will
4) Tenancy at Sufferance
Active Interference by Landlord - ANS-Landlord's affirmative interference (e.g. Common
areas prohibiting T's use - private parties).
Assignment - ANS-Transfer of the entire unexpired remainder of the lease to an
Assignee (new tenant).
Common Law - ANS-Tenant assumes risks arising after taking possession.
Condition of Premises - ANS-Who has duty to maintain property?
Conditions Existing When Lease Was Made - ANS-Traditional Rule of Caveat Emptor or
"Let the Buyer Beware"
Conveyance Theory of Leases - ANS-Lease conveyed a possessory interest in property
in tenant. Landlord retained ownership interest in property (a Reversion).
Courts are more willing to modernize law with respect to: - ANS-Residential Leases
Created if a tenant takes possession of the property under an invalid lease. -
ANS-Tenancy at Will
Duration of Tenancies - ANS-Unless otherwise agreed, rent is payable without demand
or notice; periodic rent is payable at the beginning of each rent payment period; and
rent is uniformly apportionable from day to day.
Estate for Years - ANS-Is a leasehold estate of a fixed period of time; it has a definite
beginning and a definite end.
Exculpatory Clauses - ANS-A clause in a lease that releases a party from liability from
lawful acts.
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