1. Suppose you represent a landlord in a dispute with a tenant who lives in a state that strictly follows traditional property concepts and rejects consumer-law oriented trends in landlord-tenant law. The tenant has fallen behind on rent. The landlord wants to take the position that it can retake the premises before the end of the term. What arguments should you anticipate from the tenant? Suppose the tenant simply has moved out but is still paying the rent? Is building campfires on the living room floor?
2. What arguments would you make about the legal effect of the following language in the lease:
"Landlord leases the premises to Tenant for two years, so long as the Tenant does not (a) fall behind on rent, (b) move out, or (c) build campfires on the living room floor."
It's quite cold in the apartment. Christopher Ide, a friend of the tenant visiting for a party, builds a small fire on the floor.
3. "Starbucks hereby leases premises on
northeast corner of Adams and Clinton street to CK Student Bar Association for
a period of three years, at an annual rental of $1,000
(a) For the purpose of running a law student study-group space with free coffee
(b) For so long as [same]
(c) But if premises are used for any other purpose, lease shall terminate
(d) If any term of lease is violated, landlord may reenter
SBA runs it as study space with free coffee for six months, then converts into "adult entertainment studiofor anyone visiting Chicago as a tourist"
Can Startbucks recover for breach of contract?
Is Starbucks entitled to possession?
4. [Repossession techniques]
a. Kellie Fox (Tenant) holds over
i. Toma lo Quequieras (Landlord) pours concrete into kitchen
ii. Quequieras has a shotgun and a Bengal tiger
iii. Quequieras turns off heat; turns off Internet connection
iv. Quequieras is a Buddhist, appears in a Kasaya with a large peace symbol on the front. He is accompanied by a flock of doves. Says, "I am here to retake possession; you are now a trespasser." Beecher says, "I dispute your right to possession; I do not consent to your entry, but I am a peaceable woman and will not resist physically."
b. During the term; Quequieras asserts presence of Fox's small beagle puppy violates lease; no termination clause
c. Fox decides to move to Myanmar; takes all her stuff
d. Fox decides to spend three weeks in FL; takes all her stuff
e. While she is packing up, Fox leaves her puppy in her car. Quequieras opens the door of the car, takes the puppy and sells it for $3,000.
f. The lease contains a provision that says:
"For any default of this lease, and notwithstanding any other provision of law, Landlord is privileged to use any means whatsoever to retain possession, including thugs, shotguns, Bengal tigers, turning off utilities and Internet connectivity, or flocks of doves and Buddhist peace chants."
How does this change the outcome, if at all?
5. [Mitigate]; Marko Ilich decides he
doesn't like apartment; surrenders--"You can have it, do whatever you want
with it; Paulo Perezoso accepts; lets it sit vacant;
a. suppose market rate is lower
b. Suppose it's higher? See Centerline Investment Co v. Tri-cor Industries, 80 S.W.2d 499 (Mo. Ct. App. 2002) (vacating tenant entitled to credit for higher rent received from replacement tenant)
c. lease contained Perezoso's option retake possession or to relet as Ilich's agent; Perezoso accepted latter, thus obligated to credit Ilich for excess rent?
6. [Rent and possession]; LL wants to keep tenant there because bottom has fallen out of market; rich tenant; sue for rent every three mos.-note that monthly rent is not due in advance; motivation for acceleration clause or for stating rent on annual basis
7. Damages to premises: Ilich poured the concrete-dispute with roommate8. The owner leases 566 West Adams to group of CK alums to run a bar; the lease runs for 5 years and contains a prohibition on sublet or assignment without the landlord's consent