PROPERTY D SLIDES National Zoo Lovers Day

Friday April 8 Music (to Accompany Barash & Gurian): Simon & Garfunkel, Greatest Hits (1972) featuring “Bridge Over Troubled Water” (1970) We’ll PDF Acadia 1 st Critique by Noon. We’ll PDF Acadia 1 st Critique by Noon. (15 Arguments Left) Acadia 2d Critique Due Noon Sequoia 1 st Critique Returned by Noon Monday Sequoia 2d Critique NOW Due 10:00 a.m.

Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy Sequoia Critique (Due 10:00 a.m.) Review Problem 6B: Lease Violation T’s BF Residing in T’s Unit w/o Separate Application Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy Sequoia Critique (Due 10:00 a.m.) Be Ready to Make All Three Types of Argument : (I)Literal (I)Literal : Within language of either (a) or (b)? (II)Comparison (II)Comparison : More like terms listed in (a) or in (b)? (III) Policy (III) Policy: Should this behavior (without more ) be enuf for eviction

Discuss whether Liza can evict Tracy immediately or whether Tracy is entitled to a right to cure L recently found out from another tenant Review Problem 6B: Doing the Challenge (6B) Discuss whether, in the following scenario, under Fl. Stat. §83.56(2), Liza can evict Tracy immediately or whether Tracy is entitled to a right to cure. Assume Tracy has violated her lease. L owns and manages a multi-unit apartment building in Florida; T is one of her tenants. L includes a provision in each of her leases requiring any adult wishing to permanently reside in one of her units to fill out a separate rental application and then to obtain her explicit approval. L recently found out from another tenant that, although T is the only person approved to reside in her unit, T’s 26-year old boyfriend has been living with her for the last nine weeks in violation of the lease provision.

Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy Review Problem 6B: Lease Violation T’s BF Residing in T’s Unit w/o Separate Application Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy (I) Literal : (I) Literal : Within language of either (a) or (b)? unauthorizedguests (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 unauthorized pets, 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”?

Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy Review Problem 6B: Lease Violation T’s BF Residing in T’s Unit w/o Separate Application Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy (II) Comparison: (II) Comparison: More like items listed in (a) or (b)? Characterization Exercise (a) … destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance. (b) … 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.

Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy Review Problem 6B: Lease Violation T’s BF Residing in T’s Unit w/o Separate Application Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy (III) Policy Arguments Is this the sort of violation that warrants immediate eviction?

BOBBY JONES, THE MASTERS & AUGUSTA NATIONAL GOLF COURSE

LOGISTICS: Pre-Exam Stuff Exam Technique Workshop Slides & PodCast Exam Bank Submitted Sample Exam Answers 1 st Set: in Next Few Days to Schedule Review 2d Set: Due Sat. Noon; Read Instructions for Permitted Qs Chapter-by-Chapter Info Memos (Starting Later Today) Review Session (Tue. 4/19) Pre-Exam Office Hours (Posted Later Today) Feedback (Check Course Page for Status) 2d Critiques by Friday 4/22 2d Set of Sample Answers (No Later than Noon on Sunday 4/24)

Thank You, Dexter!!

Importance of Factual Context: Legitimate Interests of TNTs/LDLDs Types of Problems We’ll Address All Require Thought re Parties’ Interests Interests Can Vary with Different Types of Leases/Parties Think About Whether Rules Should Change w Context, Especially: Residential v. Commercial Sophisticated v. Unsophisticated Parties (Relative Bargaining Power)

Selected Issues in Landlord/Tenant Law I.Legitimate Interests of Tenants & Landlords A. Eviction Under the Florida Statutes B. The Right to Transfer II. Habitability & Related Issues

Tenant’s Right to Transfer: Reasonableness Issues Common provision: “No transfer w/o consent of landlord” 1.“Reasonable” Withholding of Consent 2.Should Courts Imply “Reasonableness”? a.Commercial Tenancies b.Residential Tenancies 3.Waiver Permissible?

Tenant’s Right to Transfer: Definition of of “Reasonable” Some leases will say “No transfer without consent of L, which will not be withheld unreasonably.” Some states imply “reasonableness” into leases requiring L’s consent to transfer What is “reasonable” in these contexts?

Tenant’s Right to Transfer: Definition of of “Reasonable” What is “reasonable” in these contexts? Funk: look to what a “reasonable man in the L’s position” would do. (Thanks)

Tenant’s Right to Transfer: Definition of of “Reasonable” (Review) LEGITIMATE CONCERNS Assurances re Rent Assurances re Use & Care of Premises Proposed Use: Need for Alterations Legality Compatible w Other Tenants

Tenant’s Right to Transfer: Definition of of “Reasonable” NOT LEGITIMATE CONCERNS Personal Taste, Sensibility or Convenience (Funk) Compare Yeshiva (Note 3 P649-50): must be “readily measurable criteria” relevant to “any landlord” Lever to Change Lease Terms (esp. T expectations re $) (Funk) Other Cases: Collateral Economic Advantage (e.g., Filling Other Units) Note: In Appropriate Context You Can Argue That Cases We’ve Read Are Wrong

SEQUOIA: Funk & DQ SEQUOIAS

Tenant’s Right to Transfer: Hypos & Definition of of “Reasonable” DQ6.02 (Sequoia) L Doesn’t Like Food Served by Proposed Transferee Restaurant Bait & Switch (T wants to transfer to previously rejected applicant; no financial reason to reject) Religious or Political Objections

Tenant’s Right to Transfer: DQ Lease: “No Transfer w/o L’s Consent” 2.Should Courts Imply “Reasonableness”? a.Commercial Tenancies

Tenant’s Right to Transfer : DQ6.01 Imply Reasonableness (Comm’l)? Arguments FOR Implying Reasonableness Importance of Alienation General Reqmt. of Good Faith & Fair Dealing Protects L’s Legitimate Concerns (esp. re $$$) Prevents L Using Transfer to Extort Better Lease Terms

Tenant’s Right to Transfer : DQ6.01 Imply Reasonableness (Comm’l)? Arguments Against Implying Reasonableness Rewriting Contract Interferes w L’s Control of Own Property May Lead to Lot of Litigation

TNT’s Right to Transfer: DQ6.01 (Sequoia) 1.Lease: “No Transfer w/o L’s Consent” 2.“Reasonable” Withholding of Consent 3.Should Courts Imply “Reasonableness”? a.Commercial Tenancies b.Residential Tenancies: Why Might Be Different?

Tenant’s Right to Transfer: DQ6.01 Imply Reasonableness (Residential)? Why Different if Residential Lease? Maybe L more personally involved  More L Control If L lives on premises  More L control T may have less knowledge and/or bargaining power  Less L Control More legit. reasons to reject in comm’l setting More States Imply in Residential Setting