For this milestone, you will review Case Study Two and compose a short report, applying your legal knowledge and understanding of the types of business organizations. Case Study Two concentrates on contracts and landlord-tenant law.
For additional details, please refer to the Milestone Two Guidelines and Rubric document and the Milestone Two Template in the Assignment Guidelines and Rubrics section of the course
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
What are the interests in real property that someone can hold?
2
How is real property voluntarily transferred?
3
How is real property involuntarily transferred?
4
How is the use of property restricted?
CASE OPENER
Economic Redevelopment in Poletown
General Motors wanted to expand its facility, but when the company offered to purchase the property it needed, the owners would not accept the offers. The firm then approached the Detroit Economic Development Corporation with a request that the corporation use its power of eminent domain to acquire a large parcel of land on which members of the plaintiff organization, Poletown Neighborhood Council, resided and had small businesses. Once the corporation had acquired the land, it would be conveyed to General Motors for its plant expansion. The justification for the use of eminent domain was the creation of jobs for the economically depressed area.
The plaintiffs, who did not want their community destroyed, sued the city and the development corporation on the grounds that they were abusing their power of eminent domain to take private property for a private use.
1.
Can business managers ask the city to buy real property for them when the owners do not wish to sell it?
2.
What would determine whether the government can legally take the property for the corporation?
The Wrap-Up at the end of the chapter will answer these questions.
p. 1079
Ownership of real property seems to be one of the goals of most people in the United States. In this chapter we examine the nature of real property, the types of interests someone can own in real property, and how those interests can be transferred. As the opening scenario implies, transfers can be either voluntary or involuntary.
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
How is the landlord-tenant relationship created?
2
What are the rights and duties of the landlord and tenant?
3
What are landlords' liabilities for injuries on the premises?
4
How are interests in leased property transferred?
5
How are leases terminated?
CASE OPENER
Free to Choose?
Roommates.com
operates a Web site that helps individuals find roommates. Individuals searching for roommates create profiles using questionnaires provided by the Web site. The questionnaires ask for information about age, sex, and sexual orientation, as well as whether the perso ...
EPANDING THE CONTENT OF AN OUTLINE using notes.pptx
For this milestone, you will review Case Study Two and compose a.docx
1. For this milestone, you will review Case Study Two and
compose a short report, applying your legal knowledge and
understanding of the types of business organizations. Case
Study Two concentrates on contracts and landlord-tenant law.
For additional details, please refer to the Milestone Two
Guidelines and Rubric document and the Milestone Two
Template in the Assignment Guidelines and Rubrics section of
the course
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the
following questions:
1
What are the interests in real property that someone can hold?
2
How is real property voluntarily transferred?
3
How is real property involuntarily transferred?
2. 4
How is the use of property restricted?
CASE OPENER
Economic Redevelopment in Poletown
General Motors wanted to expand its facility, but when the
company offered to purchase the property it needed, the owners
would not accept the offers. The firm then approached the
Detroit Economic Development Corporation with a request that
the corporation use its power of eminent domain to acquire a
large parcel of land on which members of the plaintiff
organization, Poletown Neighborhood Council, resided and had
small businesses. Once the corporation had acquired the land, it
would be conveyed to General Motors for its plant expansion.
The justification for the use of eminent domain was the creation
of jobs for the economically depressed area.
The plaintiffs, who did not want their community destroyed,
sued the city and the development corporation on the grounds
that they were abusing their power of eminent domain to take
private property for a private use.
1.
Can business managers ask the city to buy real property for
them when the owners do not wish to sell it?
2.
What would determine whether the government can legally take
the property for the corporation?
The Wrap-Up at the end of the chapter will answer these
questions.
3. p. 1079
Ownership of real property seems to be one of the goals of most
people in the United States. In this chapter we examine the
nature of real property, the types of interests someone can own
in real property, and how those interests can be transferred. As
the opening scenario implies, transfers can be either voluntary
or involuntary.
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the
following questions:
1
How is the landlord-tenant relationship created?
2
What are the rights and duties of the landlord and tenant?
3
What are landlords' liabilities for injuries on the premises?
4
How are interests in leased property transferred?
5
4. How are leases terminated?
CASE OPENER
Free to Choose?
Roommates.com
operates a Web site that helps individuals find roommates.
Individuals searching for roommates create profiles using
questionnaires provided by the Web site. The questionnaires ask
for information about age, sex, and sexual orientation, as well
as whether the person lives with children.
Roommates.com
encourages users to supply additional information via profiles.
Roommates.com
then distributes e-mails to users after matching members on the
basis of preferences. For example, if a person does not want to
live with children,
Roommates.com
does not send that person information from potential roommates
who live with children. The Fair Housing Councils of San
Fernando Valley and San Diego have sued
Roommates.com
, alleging its business practices violate the federal Fair Housing
Act and some California statutes.
Roommates.com
5. believes it enjoys immunity under the Communications Decency
Act (CDA), which provides immunity from liability for
providers of interactive computer services that publish
information provided by others.
p. 1103
1.
In this chapter, you will learn about how the landlord-tenant
relationship is created. What is “fair housing,” and how does
the concept of fair housing affect landlord-tenant relationships?
2.
Are tenants allowed to discriminate against potential
roommates?
The Wrap-Up at the end of the chapter will answer these
questions.
Suppose you are a manager for a new business. One of your
responsibilities is to secure office space for the business. You
meet with the business owner to talk about whether you should
rent or purchase the office space. If you rent the office space,
you will enter into a contractual agreement with the owner such
that you will be responsible for paying a specific amount of
money for a specific period of time to have temporary
possession of a certain space. While this agreement will name a
specific piece of property (i.e., provide the street address of the
property), the lease is typically an agreement for use of some
structure on the property. If you will potentially be renting
housing or office space for your business, you should be aware
of the laws that govern the landlord-tenant relationship.
A clear understanding of the language used in the landlord-
tenant relationship is essential. The owner of the property is
called the
6. landlord
The owner of a property being leased.
or the
lessor
A person who transfers the right to possession and use of goods
under a lease.
.
In contrast, the
lessee
A person who acquires the right to possession and use of goods
under a lease.
,
or the
tenant
A person who assumes the temporary legal right to possess
property.
,
is the party who assumes temporary ownership of the property.
The property in question is called the
leasehold estate
The leased property.
.
The actual agreement between the landlord and the tenant is
called the
lease
7. A transfer of the right to possess and use goods for a period of
time in return for consideration.
.
In the landlord-tenant relationship, the landlord grants the
tenant the temporary, exclusive right to occupy and use a
specific space for a specific amount of time. In turn, the tenant
is obligated to pay rent to the landlord, who retains the title to
the land. This entire relationship is usually established in a
contractual agreement. Usually, we think of landlord-tenant
relationships as private. However, sometimes landlord-tenant
relationships are public-private relationships. For example, the
City of Orlando is in a relationship with RP Realty Partners, a
landlord to tenant Orlando Movie Co., which operates Plaza
Cinema Café. The development project is a public-private one,
created when the city wanted a downtown movie theater to bring
people into the city.
The landlord-tenant relationship has become more complex in
recent years. In 1972, the National Conference of
Commissioners on Uniform State Laws created the Uniform
Residential Landlord and Tenant Act (URLTA), an act that
created more uniformity among the state laws governing the
landlord-tenant relationship.
The first part of this chapter explains how the landlord-tenant
relationship is created. The next section explains the rights and
responsibilities associated with the landlord-tenant relationship.
The third section focuses on liability associated with injuries
that occur on rental premises. The fourth section considers how
landlords and tenants can transfer their interests in the rental
property. The final section explains the ways a lease can be
terminated.