| Landlord tenant | Commercial Leases | Zoning | Constitutional |
|---|---|---|---|
|
What is a tenant at sufferance?
A tenant who holds over at the end of a valid lease is called.
|
What is a liquidated damages clause?
A clause where you agree on the amount of damages for any breach of a contractual term.
|
What is a non-conforming use permit.
When zoning is changed and a landowner asks for their use to be grandfathered in, this is known as ______.
|
Race, religion, national origin, gender, sexual orientation, disability, familial status.
What are 6 protected classes under the FHA?
|
|
What is a tenancy for years?
A lease with a fixed beginning and end date is called this.
|
What is a triple net lease?
A type of rent where tenant pays a fixed rate + costs of taxes, insurance, and maintenance.
|
What is strict scrutiny; unconstitutional.
If a zoning ordinance directly discriminates based on race, gender or national origin, it is subject to a ________ review under the 14th A and is usually _____.
|
Redlining
Refusing to lend to a predetermined geographic area (and not based on individual credit scores) is known as ____________ and outlawed by the FHA.
|
|
What is 1. constructive eviction (move out and stop paying rent); 2. Sue for damages; 3. Self-help (some states); 4. Stay there and stop paying rent (some states)
The tenant can do these 4 things if the landlord breaches the implied warranty of habitability
|
What is a force majeure clause?
A clause in the contract that relieves tenant of the obligation to pay rent due to an unforeseen event, e.g., if the business is shut down due to a pandemic.
|
What is rational basis review; constitutional
If a zoning ordinance directly discriminates based on familial status (no more than 5 unrelated people can live in single family zone), it is subject to a ________ review under the 14th A and is usually _____.
|
What is a disparate impact.
If a bank refused to give a mortgage to anyone with gaps in their work history, and this was shown to statistically affect women more than men (due to child-rearing), a woman could bring a _________ FHA case against the bank.
|
|
What is reasonable?
Landlord must make ______ accommodations for tenants with disabilities.
|
What is a condition precedent
"Until the elevator is repaired by landlord, tenant may abate rent by 10% a month" is a ___________ clause.
|
1. Undue hardship on the applicant if the zoning is enforced; and 2. Granting variance will not be excessively disruptive to the surrounding area
To get a variance approved by the Board of Adjustments, you must show these 2 things
|
What is a disparate treatment.
If a bank only asks women to provide 5 years of tax returns before granting a loan, the woman could bring a _________ FHA case.
|
|
How foreseeable is the likelihood of harm (if criminal activity, has anything of that nature occurred previously)? What is the magnitude of harm? How financially burdensome are the preventative measures?
How does a court determine what is reasonable care in terms of security/safety in common areas of an apartment complex?
|
What is 1. Commercial or individual speech; and 2. Content-neutral or content-specific
What are 2 factors courts look at in determining whether a zoning ordinance (e.g., sign ordinance) violates the 1st A?
|
What is the owner is deprived of all economic uses of land OR law does not advance any legitimate state interest.
A successful inverse condemnation claim has to show either _________ or ____________.
|
|
Support Us on Ko-fi