Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Rule: Under the possession rule, after the tenant obtains possession. he retains the property exclusively until the lease expires, unless the lease states otherwise. For

image text in transcribed
Rule: Under the possession rule, after the tenant obtains possession. he retains the property exclusively until the lease expires, unless the lease states otherwise. For example: Under the covenant of quiet enjoyment, the landlord promises that during the lease term, neither the landlord nor anyone having a superior title to the property will disturb the tenant's use and enjoyment of the property. This covenant forms the essence of the landlord-tenant relationship, and if it is breached, the tenant can terminate the lease and sue for damages. Conclusion: The lease agreement between James and Juan contains an express covenant of quiet enjoyment. In this case. James leased the top two stories to the club, which interfered Juan's business. James, as a landlord failed to perform a duty that the lease required [covenant of quiet enjoyment]. Thereby, he made difcult or impossible the Juan's use and enjoyment of the property. Juan can terminate the lease and sue for damages. This will lead to constructive eviction and consequently James should be held liable

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law And Practice Of The United Nations

Authors: Simon Chesterman, Ian Johnstone, David M. Malone

2nd Edition

978-0199399499

More Books

Students also viewed these Law questions

Question

=+ c. What happens to investment in Oceania?

Answered: 1 week ago