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PROPERTY B SLIDES

Explore the availability of repair and deduct as a remedy in a commercial lease, with relevant allegations and cases. Also, learn about the availability of rent withholding for violations of minimal habitability/usability.

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PROPERTY B SLIDES

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  1. PROPERTY B SLIDES 2-27-19 NATIONAL POLAR BEAR DAY NATIONAL KAHLUA DAY

  2. Music to Accompany Tempest at the TEAPOTBeauty and the Beast Soundtrack (1991) Next Few DF Sessions: • Current: Rev Prob 2G • Today @ 9:40 Here (Lauren) • Then: Rev Prob2H (Brendan) • Friday @ 12:30 Here • Monday 3/4 @ 9:40 Here • Then: Rev Prob 2K(a) (Lauren) • Wed 3/6 @ 9:40 Here • Fri 3/8 @ 9:40 Here 1st Window for Submitting Exam Answers Opens Sunday. Read Instructions on Course Page & I’ll Take Qs on Friday

  3. Rev Prob 2J • For class purposes, we are doing three specific sets of arguments out of a significantly larger range of possibilities that were available for use on the original Opinion/Dissent Q. • I will post comments and best answers for 2J and for 2G (DF this week) after class. E-mail me if Qs. • 2017 Opinion /Dissent available as an option for submission as sample exam answer if you want to try one out.

  4. Rev Prob 2J(1):Availability of Repair & Deduct as Remedy in Comm’lLease • Relevant Allegations (Think About Why I Include) • Fountain next to building; lease provides that it is substantial/material part of leased premises [not common area] and that landlord will maintain it “in good working order” • 10/13 Fountain stops working; needs replacement part. • 10/13-3/14: Ldld repeatedly tells Tnt that they have ordered part but it’s out of stock. • 3/14: Tnt finds part on internet and orders herself for $2300 retail price and had her staff install. Now claims repair & deduct rights.

  5. Rev Prob 2J(1):Availability of Repair & Deduct as Remedy in Comm’lLease ACADIA: Only Available if Expressly Provided in Lease BADLANDS: As Default Rule

  6. Rev Prob2J(2):Availability of Rent Withholding as Remedy in Comm’lLease for Violations of Minimal Habitability/Usability • Relevant Allegations (Think About Why I Include) • Lease unclear on responsibility for basic maintenance. T assumed L responsible for systems serving entire complex (plumbing, electricity, A/C) • 12/13: water pressure on 2d floor of bldg. drops; T needs to carry water upstairs for services. L determines T didn’t cause problem. • L tried repeatedly to fix until 3/14. Then L announced it had no responsibility to fix. • T gave notice of intent to withhold rent until plumbing fixed.

  7. Rev Prob2J(2):Availability of Rent Withholding as Remedy in Comm’lLease for Violations of Minimal Habitability/Usability (Assume Small Commercial Tenants) EVERGLADES: Non-Waivable Term ACADIA: Only Available if Expressly Provided in Lease

  8. Rev Prob2J(3):Availability of Both Remedies to Large Sophisticated Tenants (Can Assume T Here is Not Large) BADLANDS: Implied As Default Rule EVERGLADES: Not Implied; Only Available if Explicitly in Lease)

  9. Closing Up Chapter 2:Tempest at the Teapot • Today, Friday (& Maybe Briefly Monday) We’ll Address Selected Qs I Identified • You are Responsible for Some of the Statutes & Regs (Will be Posted in Chapter 2 Info Memo) • Worth Your Time to Try to Work Through as Much of Problem as You Can • Should Pay Special Attention to B2: Immediate Eviction v. Right to Cure Under §83.56 (We’ve Already Done a Couple of These & I’ve Tested Several Times) • Next Week I’ll Post Extensive Comments and Best Student Answers (from When Problem Was Mid-Semester Written Assignment). • As Always, E-Mail Me if Qs

  10. Tempest at the Teapot OLYMPIC (from Argument A1): • Two Possible Problems with 1/3 Notice: • L Delivered It Before Rent Was Due • Listed Date Not 3 Days from Delivery (excluding Weekend): • Correction: L did not file lawsuit until 1/11/191/9/19. Wha arguments do you see abut whether the 1/3 notice should be considered adequate despite the flaws? • We’ll Coiver on Fri 3/1 with Corrected Date

  11. SEQUOIA: T@T QA2-Roaches SEQUOIAS

  12. Tempest at the Teapot: SEQUOIA(from Argument A2 re Roaches): • Roach Problems: [T]he roaches in the kitchen were so big that [F’s Doberman] refused to go in to that room. • What Requirements Are Created re Extermination of Cockroaches by the Miami-Dade Housing Code?

  13. Common Problem Relevant Housing Code Provisions: Roaches? 17-25 (2) Every dwelling unit shall be reasonably weathertight, watertight and rodentproof. RODENT (MAMMAL) ROACH (INSECT)

  14. Tempest at the Teapot: SEQUOIA(from Argument A2 re Roaches): • Relevant Housing Code Provision: 17-27 (7) … Every occupant of a dwelling unit in a building containing more than one (1) dwelling unit shall be responsible for [insect] extermination whenever his dwelling unit is the only one (1) infested, except that whenever such infestation is caused by the failure of the owner to carry out the provisions of this article, extermination shall be the responsibility of the owner. • Means? What is True Here?

  15. Tempest at the Teapot: SEQUOIA(from Argument A2 re Roaches): • Miami-Dade Housing Code: • If only unit infested = T responsibility unless caused by L failure to comply w housing code (BUT latter is incredibly hard to prove if only one unit infested) • Otherwise = L responsibility • Lease Provision (4)(f) Relieves Landlord of Duty to Exterminate • Result under §§83.47 & 83.51 of the Florida Statute if Housing Code puts Responsibility on Landlord?

  16. Landlord Duties re Roaches? 83.51. Landlord's obligation to maintain premises. • (1) The landlord at all times during the tenancy shall: • (a) Comply with the requirements of applicable building, housing, and health codes; or • (b) [Rule ONLY if no Housing Code, so not here] • The landlord's obligations under this subsection [=83.51(1)] may be altered or modified in writing with respect to a single‑family home or duplex [not for apt in multi-unit bldg].

  17. Tempest at the Teapot: SEQUOIA(from Argument A2 re Roaches): • Miami-Dade Housing Code: • If only unit infested = T responsibility unless caused by L failure to comply w housing code (BUT latter is incredibly hard to prove if only one unit infested) • Otherwise = L responsibility • Lease Provision (4)(f) Relieves Landlord of Duty to Exterminate • If Duty Under Housing Code, Not Waivable (83.51(1) & Lease Provision Void (83.47) • If Housing Code Doesn’t Put Responsibility on L?

  18. Landlord Duties re Roaches? 83.51. Landlord's obligation to maintain premises. • (2) (a) Unless otherwise agreed in writing [as here], in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single‑family home or duplex shall, at all times during the tenancy, make reasonable provisions for: • 1. The extermination of rats, mice, roaches, ants, wood‑destroying organisms, and bedbugs.

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