PROPERTY D SLIDES

Constructive Monday April 23 Music to Accompany Last Lecture Into the Woods Original Cast Recording Music & Lyrics by Stephen Sondheim

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

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

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

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

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

Statutory Problem: Pet & Aerial Last Names: O-T = Tenant; V-W, A-F = Landlord I.Violations of Lease/Statute II.Opportunity to Cure III.Adequacy of Notice to Evict

Statutory Problem: Pet & Aerial Last 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.

Statutory Problem: Pet & Aerial Last 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

Review Problem 6D: Pet & Aerial Last 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

Statutory Problem: Pet & Aerial Last 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

Review Problem 7B: Lease Violation Emergency Response Team: Last Names M- O Review Problem 7B: Lease Violation T’s BF Residing in T’s Unit w/o Separate Application Emergency Response Team: Last Names M- O Very Last Problem

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

Review Problem 7B: Lease Violation T’s BF Residing in T’s Unit w/o Separate Application (I) Literal : (I) Literal : Within language of either (a) or (b)? misuse (a)Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance. misuse 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.

Emergency Response Team: Last Names P-W Review Problem 7B: Lease Violation T’s BF Residing in T’s Unit w/o Separate Application Emergency Response Team: Last Names P-W (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”

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

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