Final Review

Question 1

List the 4 types of Evictions

Answer 1

1. Actual
2. Partial
3. Constructive
4. Retaliatory

Question 2

Actual Eviction

Answer 2

If L excludes T from premises, then lease is terminated and T’s obligation to pay rent ends.

Question 3

Partial Eviction

Answer 3

T excused from paying rent for L’s partial eviction, but must pay reasonable rental value if partial eviction by 3rd party with superior claim; T not excused from paying rent for partial eviction by adverse possessor/trespasser

Question 4

Constructive Eviction

Answer 4

Substantial interference caused by L’s actions or failure to act;
T must give reasonable notice of problem, L fails to respond, and T must vacate premises within after L fails to fix the problem

Question 5

Retaliatory Eviction

Answer 5

L may not evict a residential T for reporting housing code violations or refusing to pay rent when L breaches the warranty of habitability

Question 6

Assignments vs Subleases

Answer 6

Assignments: Complete transfer of T’s remaining lease term
Subleases: Any transfer for less than the entire duration of lease

Question 7

List the 3 main types of deeds

Answer 7

1. General Warranty
2. Special Warranty
3. Quitclaim Warranty

Question 8

General Warranty

Answer 8

1. SEISEN: Grantor owns land as described in deed
2. RIGHT TO CONVEY: Grantor has right to transfer title
3. AGAINST ENCUMBRANCES: No undeclared encumbrances against land
4. QUIET ENJOYMENT: Grantee not disturbed in possession by 3rd party’s lawful claim
5. WARRANTY: Grantor will defend grantee against 3rd party’s claim
6. FUTURE ASSURANCES: Grantor will do whatever future acts reasonably necessary to pass title if later determined title is imperfect

Question 9

Special Warranty

Answer 9

Same covenants of title as general warranty deed, but only warrants against defects during the time grantor has title

Question 10

Quitclaim Deed

Answer 10

No covenants of title