1. You have been searching the title of a particular parcel of property as part of the preclosing procedures and notice that a deed recorded in 1977 indicates in the encumbrance clause that the property can only be used for residential purposes. Back then, the zoning for the area was strictly residential. In 1998 the zoning was changed to mixed usage (residential and commercial). Do you think this deed restriction is still valid? It is not illegal to impose this type of restriction, yet it does limit the usage of the property and thus its potential value. What suggestions do you have for handling this situation?
2. Brian Sullivan and his two children reside in a rental unit at Parkland Apartments. Prior to their moving into the unit, a roach problem had existed in the rental building and the landlord hired a professional pest control service to treat the entire building for roaches. Brian was not made aware of the problem at the time he signed the lease. A few months after moving into the unit, he received a notice stating that the pest control service would be performing an inspection of the property and requesting that tenants inform the property manager of any insect issues. Brian told the manager that he did see some roaches and the pest control service subsequently treated his unit. Two months later, Brian again reported a roach problem and the pest control service returned and retreated the unit. Roaches continued to present an issue and the treatment was performed for a third time. The cause of the problem was a single unit within the building that had been improperly maintained by a tenant; the unit's unclean state had caused a roach population to develop. The landlord had evicted the tenant and has now changed pest control companies. Brian wants to sue the landlord for violation of the right to quiet enjoyment of his tenancy. Do you think he will be successful with his suit? Why or why not
3. Distinguish between: a net lease and a triple net lease & a graduated lease and a percentage lease
4. List the steps to be taken to evict a tenant for breach of a lease agreement.