Professional Documents
Culture Documents
Landlord / Tenant Law
Property II – Prof. Short
PLEASE DO NOT TURN OVER UNTIL
INSTRUCTED TO DO SO
1. In July of 2008, Jessica rented a small house. The lease she signed with Elmer,
her landlord, contained the following provisions: “Tenant agrees to pay $1,000 rent each
month, on the first day of each month, for a term of two (2) years”; “Landlord agrees to
furnish and provide electricity to the Tenant”; “Landlord must approve all requested
transfers by Tenant in writing, and such approval will not be unreasonably withheld”; and
“Tenant agrees to take the property ‘as is’ and specifically waives any and all rights under
the implied warranty of habitability.” In late August of 2008, Jessica began having
sporadic problems with her electricity. On September 2, 2008, Jessica’s electricity went
out completely. She called Elmer from work the next day and asked that he please fix the
problem. Elmer agreed that he would, but he never did. On September 16, 2008, after
several more phone calls to Elmer and still suffering with no electricity, Jessica comes to
your office for legal advice. Which of the following is most likely true?
(A) Jessica can legally stop paying rent, but only if she moves out first under the
doctrine of constructive eviction.
(B) Jessica can legally stop paying rent and remain in possession.
(C) Jessica has no valid legal claim regarding habitability against Elmer since she
explicitly waived any possible claims in her lease.
(D) Jessica can sue Elmer to recover the difference between the house as warranted
under the implied warranty of habitability minus the actual value of the house
without electricity, but only if she first mitigates damages.
(E) None of the above is true.
2. Leticia, who owned a large apartment building, rented out Apartment #8 to Abby
for a term of five years, to end on December 31, 2011. The head lease contained no
language limiting Abby’s right to sublease or assign. After three months of living in
Apartment #8, Abby transferred all of her rights to Bessie, who agreed to pay rent to
Abby and remain in possession until December 31, 2011. Abby planned to pay rent to
Leticia out of the money paid to her by Bessie. Six months later, Bessie conveyed the
tenancy to Cassie. Cassie (1) agreed to pay rent directly to Leticia; (2) agreed to be
bound by the terms of the head lease; and (3) agreed to remain in possession and pay rent
until December 31, 2011. After Cassie went into possession, she paid rent directly to
Leticia (at which point, Abby stopped paying rent to Leticia). On December 12, 2008,
Cassie transferred the tenancy to Delilah until December 31, 2011, under the agreement
that Delilah would pay rent to Abby. After Delilah went into possession, she paid rent to
Abby, and Abby then paid rent to Leticia. Five months later, Delilah stopped paying rent
to Abby, and Abby stopped paying rent to Leticia. Leticia is now considering lawsuits
against everyone involved. Against whom would she likely be successful?
(A) Only Abby, since Abby is the only person in privity of contract with Leticia.
(B) Only Abby and Cassie, since they are the only persons in privity of contract with
Leticia.
(C) Only Delilah, since only Delilah breached her promise to pay rent.
(D) Abby, Bessie, Cassie, or Delilah, since Leticia has privity of estate and/or privity
of contract with each of them.
(E) Only Abby, Cassie, or Delilah, since Leticia has privity of estate and/or privity of
contract with each of them.