Term
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Definition
| is a tenancy for any period of time, even if the time stated is less than one year. |
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Term
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Definition
| is a tenancy for automatically renewable periods of time, such as month-to-month |
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Term
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Definition
| is a tenancy with no specific time frame; it is terminable by either party at anytime |
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Term
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Definition
| is a wrongful possession of land by a tenant- either wrongful initial possession or a wrongful holding over after a lease term. |
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Term
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Definition
| gives a tenant a right to temporary exclusive possession of real estate. It is temporary, because the landlord has a future interest requiring the return of possession to the landlord. It is exclusive, because the landlord hs no right to occupy the premises while rightly in possession of the tenant |
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Term
| Agreements in a lease (covenants) |
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Definition
1. Dependent covenant
2. independent covenant |
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Term
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Definition
| is a material or important agreement in the lease, so that a breach of a dependent covenant releases that nonbreaching party from all duties under the lease |
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Term
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Definition
| is an immaterial or unimportant agreement in the lease, so that a breach of an independent covenant does not release the other party from the lease |
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Term
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Definition
| is a standard which the tenant must meet in order to continue occupancy of the property |
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Term
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Definition
| requires that the landlord give actual possession of the property to the tenant as part of the dependent covenant to provide possession |
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Term
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Definition
| only requires the landlord to give legal right to possession. This would mean that if you were about to move into an apartment under a lease, and the previous tenant still remained there, it would be your duty as a tenant to have the previous tenant legally removed rather than the landlord. |
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Term
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Definition
1. actual eviction
2. retaliatory eviction
3. constructive eviction |
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Term
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Definition
| is an eviction which occurs by eviction notice or legal action |
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Term
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Definition
| is an eviction in response to a complaint by a tenant to a Housing Authority |
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Term
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Definition
is the abandonment by a tenant of residential real estate because the landlord's actions give no responsible alternative
A tenant must prove 3 things:
1. that there is a substantial defect in the premises or interference with possession that causes substantial interference with the ability of the tenant to live there
2. the tenant notifies the landlord of the problem, but the landlord fails to remedy the situation
3. the tenant abandons the real estate |
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Term
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Definition
| a word used in law when something did not actually happen but it will be deemed to have happened because it seems fair under the circumstances |
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Term
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Definition
| is the intentional or negligent damaging of real estate |
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Term
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Definition
| failing to make a payment |
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Term
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Definition
| the the lease prohibits any changes and the tenant does so, they can be evicted |
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Term
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Definition
| if a tenant is caught operating a whore house/ crack house, this can be eviction worthy |
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Term
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Definition
| unjustified interference with the use of another person's real estate. (Loud parties) |
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Term
| implied warranty of habitability |
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Definition
| requires a residential landlord to keep the leased property fit for human habitation- that is the property must be free of defects which endanger the life, health or safety of tenant |
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