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PROPERTY D SLIDES

PROPERTY D SLIDES. 4-15-16 Tax Returns Due National Titanic Remembrance Day A Good Day All Around. Friday April 15: Music to Accompany Final Lecture Into the Woods (Original Cast Recording 1987) Music & Lyrics by Stephen Sondheim. Posted on Course Page Sunday. PRE-EXAM OFFICE HOURS

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PROPERTY D SLIDES

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  1. PROPERTY D SLIDES 4-15-16 Tax Returns Due National Titanic Remembrance Day A Good Day All Around

  2. Friday April 15: Music to Accompany Final LectureInto the Woods (Original Cast Recording 1987)Music & Lyrics by Stephen Sondheim Posted on Course Page Sunday PRE-EXAM OFFICE HOURS NEXT WEEK Mon, Wed-Sun Posted on Course Page & On My Door • Info Memo #6 (Chapter 6) • Comments/Best Answers to Most of 2015 Exam • For Your Exam: Copy of Instructions and Copy of Attached Syllabus

  3. FRIday Pop Culture Moment April 15, 1947 Different from All Other Nights

  4. FRIday Pop Culture Moment A First at First: A Brief Tribute to Jackie Robinson & Branch Rickey

  5. FRIday Pop Culture Moment Yet Another First… … in Brooklyn!!!

  6. EVERGLADES & Tempest Q3: Does Aerial Violate 83.52? EGRET IN MANGROVE SWAMP

  7. EVERGLADES & Tempest Q3: Does Aerial Violate 83.52? Subsections of 83.52 That Might Apply?

  8. EVERGLADES & Tempest Q3: Does Aerial Violate 83.52? Subsections of 83.52 That Might Apply: Arguments • (5) Use and operate in a reasonable manner all electrical … appliances…. • (6) Not destroy, deface, damage, impair, or remove any part of the premises … • (7) Conduct himself or herself … in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace.

  9. EVERGLADES & Tempest Q3: Does Aerial Violate 83.52? Probably Best Fit: • (5) Use and operate in a reasonable manner all electrical … appliances…. • (6) Not destroy, deface, damage, impair, or remove any part of the premises … • (7) Conduct himself or herself … in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace. (Good-Bye to Everglades)

  10. SEQUOIA & Tempest Q4: Does Aerial Violation Justify Immediate Eviction? SEQUOIAS

  11. SEQUOIA & Tempest Q4: Does Aerial Violation Justify Immediate Eviction? Opportunity to Cure: 83.56(2)(a) v. (b) (a) No Cure : “destruction, damage, or misuse of the landlord's or other tenants' property by intentional act” (b) Can Cure: “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” • Aerial (assume “Deface” under 83.52(6)) • Literal Arguments • Comparative Arguments • Policy Arguments

  12. SEQUOIA & Tempest Q4: Does Aerial Violation Justify Immediate Eviction? Opportunity to Cure: 83.56(2)(a) v. (b) (a) No Cure : “destruction, damage, or misuse of the landlord's or other tenants' property by intentional act” (b) Can Cure: “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” • Questions on Analysis Under 83.56(2)? • Literal Arguments • Comparative Arguments • Policy Arguments (Good-Bye to Sequoias)

  13. ACADIA: Review Problem 6F Sunrise

  14. ACADIA: Rev.Prob. 6F (SHORT PROBLEM)Policy Q: Extension of IWH & Remedies Beyond Minimal Habitability Assume we are in state where IWH and Key Remedies are entirely products of common law development (no statutes). Should state courts extend IWH & Remedies to … Substantial Problems with Amenities that are Not Needed for Minimum Habitability Standards (Pool, Dishwasher, etc.)?

  15. ACADIA: Rev.Prob. 6F (SHORT PROBLEM)Policy Q: Extension of IWH & Remedies Beyond Minimal Habitability • C rents 4-bedroom house for 3 years; lease says house includes dishwasher, dryer, pool. • Within 2 months, dishwasher, dryer, pool all unusable. Manager refuses to fix b/c of “cash flow problem” • C follows IWH procedures for notice to withhold rent & does so. Ldld follows proper procedures to evict for failure to pay. • Should court allow C to have rent-withholding remedy for breach not connected with minimal habitability or limit him to ordinary K remedies? Arguments Each Way

  16. ACADIA: Rev.Prob. 6F (SHORT PROBLEM)Policy Q: Extension of IWH & Remedies Beyond Minimal Habitability Useful Areas for Discussion (See Posted Models): • Contract Policy • Remedies Effective/Appropriate • Housing/Habitability Policy Questions? (Good-Bye to Acadias)

  17. BADLANDS: Review Problem 6G NORBECK PASS

  18. BADLANDS: Rev.Prob. 6G (LAWYERING Q)Habitability Issues In Commercial Lease • Client AA manages restaurant located in a large mall . 4 yrs into 15-yr lease. • Space includes dining and bar area, kitchen, an office, and two storage rooms. • Last 6 months, whenever it rains, the roof of the office leaks. • Ldld’s s staff patched the leak a few months ago, but the patch isn’t holding, and the amount of water dripping from the ceiling increases with every storm. • AA moved everything in the office (aside from some metal file cabinets) into one of the storage rooms. POSSIBLE SOURCES/THEORIES FOR AA REMEDIES OR LL DUTIES?

  19. BADLANDS: Rev.Prob. 6G (LAWYERING Q)Habitability Issues In Commercial Lease POSSIBLE SOURCES/THEORIES FOR AA REMEDIES OR LL DUTIES • Landlord Duties in Lease • Commercial IWH (Some States) • Local Building Codes • Partial Constructive Eviction (Some States) • Partial Actual Eviction For Each, Set of Follow-Up Qs That Vary with Doctrine

  20. BADLANDS: Rev.Prob. 6G (LAWYERING Q)Habitability Issues In Commercial Lease E.g., Areas for investigation for COMMERCIAL IWH • Substantive Rules: Who is responsible for what? What constitutes breach or violation? Building Code or other test? • Remedies: What remedies are available? What are the requirements for each remedy? What remedies might AA prefer? • Notice: What notice must AA give to get remedies? Has she in fact given that notice? What precisely has LL done in response? • Waiver: Does the lease purport to limit LL's legal duties? Is such a waiver permitted in commercial leases? For All Theories, Need Investigation re Nature & Extent of Harm to AA/Restaurant

  21. BADLANDS: Rev.Prob. 6G (LAWYERING Q)Habitability Issues In Commercial Lease Fact Investigation re Nature & Extent of Harm to AA/Restaurant Should Include These Substantive Areas (Plus Sources of Info): • Cause, frequency, and extent of the leak; • Damage already incurred to the room and items in it; • How much the leak limits use of the room; • Interference with the business because of disruption, unavailability of storage space, smells, mold, insects, etc. Qs (Good-Bye to Badlands)

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