PROPERTY D SLIDES

1. PROPERTY D SLIDES 4-23-14

2. Constructive Monday April 23Music to Accompany Last LectureInto the WoodsOriginal Cast RecordingMusic & Lyrics by Stephen Sondheim

3. LOGISTICS: Afterward • Me on Bricks • Leave Substance Behind Immediately After Test • Grading Status Updates on Course Page • Packets w Test, Scores, Comments/Models

4. Property D: Conflicting Interests • Owners v. Public Interests • Ch.1: Public Interest in Access to Businesses and/or Information • Ch.2: Public Interest in Use of Land for Projects w Public Value • Ch.3: Public Interest in Ensuring that Transfers at Death Reliably Follow Decedent’s Intent

5. Property D: Conflicting Interests • Owners v. Public Interests • Legal Owners v. Current Possessors/Users • Shack • Adverse Possession • Implied Easements

6. Property D: Conflicting Interests • Owners v. Public Interests • Legal Owners v. Current Possessors/Users • Legal Title Owners v. Legal Possessors/Users • Express Easements • Landlord-Tenant

7. Property D: Conflicting Interests • Owners v. Public Interests • Legal Owners v. Current Possessors/Users • Legal Title Owners v. Legal Possessors/Users Generally Helpful to Try to Articulate Specific Relevant Interests on Each Side of the Conflict

8. Statutory Problem: Pet & AerialLast Names: O-T = Tenant; V-W, A-F = Landlord • Violations of Lease/Statute • Opportunity to Cure • Adequacy of Notice to Evict

9. Statutory Problem: Pet & AerialLast Names: O-T = Tenant; V-W, A-F = Landlord Violations of Lease/Statute • Dog = Lease Violation • Does Aerial Violate 83.52? • (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.

10. Statutory Problem: Pet & AerialLast Names: O-T = Tenant; V-W, A-F = Landlord 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” • Dog = Explicit Right to Cure

11. Review Problem 6D: Pet & AerialLast Names: M-R = Tenant; S-Z = Landlord 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. Statutory Problem: Pet & AerialLast Names: O-T = Tenant; V-W, A-F = Landlord Adequacy of Notices: Issues re 1st Notice • No Pet at Time Notice Sent (suggests mistake) • “Defacement” Not Specified (83.56(2)(b) requires) • Sent Automatically to All Tenants (suggests bad faith) • L Continued to Accept Rent Although Aerial Not Removed (could be waiver) Lots of Reasons for Court to Rule that It Doesn’t Count

13. Review Problem 7B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationEmergency Response Team: Last Names M-O Very Last Problem

14. Review Problem 7B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationEmergency Response Team: Last Names M-O Landlord Interests Implicated Here? How Serious/Significant?

15. Review Problem 7B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate Application (I) Literal: Within language of either (a) or (b)? • Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuseof the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance. Could try, but need to defend this is kind of misuse legislature meant. I’m skeptical because really no direct threat to building or other property.

16. Review Problem 7B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationEmergency Response Team: Last Names P-W (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”

17. Review Problem 7B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationEmergency Response Team: Last Names A-F (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 sub-sequent 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.

18. Review Problem 7B: Lease ViolationT’s BF Residing in T’s Unit w/o Separate ApplicationEmergency Response Team: Last Names G-L (III) Policy Arguments Is this the sort of violation that warrants immediate eviction?