Class 21

An oral lease is not a lease. A lease must be writing to be valid. See page 182-193.

Unless it's prohibited by the terms of the lease, you can sublease.

Lease must state where it is, for how long, and for how much. Can be month-to-month. Can include other terms also. Tenant can't abuse the property or change it. Can't let it fall into disrepair.

Most leases are based on Uniform Residential Landlord and Tenant Act.

Security deposit cannot be retained because of normal wear and tear. Only if you misuse, damage or allow to fall into disrepair. If landlord tries to retain it, you get 3x back.

Lease can state intended use.

Nielsen v. Gold's Gym - terms were ambiguous. If it's not clear, the court can't do anything with it.

Public Control - Eminent Domain - 5th amendment says govt can take private property for public use. Even if they take or limit your ability to use your property (like an easement), they must pay you for that. Ex: land in Florida taken to be a wildlife refuge.

Zoning laws

Torts against Property:
Trespass to land - unlawful intrusion by a person or thing on land belonging to another. Even if the trespasser didn't realize it. In criminal law, it's only if they know about it. "You can't shoot a trespasser."

Common types - dumping, hunting, building on someone else's property (fence over the property line). two choices: give it to the other person or tear it down. if it's a big structure, buy the property.

Nuisance

Private nuisance: Anything that interferes with the use and enjoyment of the land.
Public nuisance: interference with the public health and welfare.

Ex: neighbor from hell. wrigley night games. midway and ohare airport expansions. barking dogs at nw corner of estes and washtenaw.

businesses that detract from neighboring businesses. ex: boutique next to aerobic dance studio.

Trespass to Personal Property
Conversion - intention, unlawful control or appropriation of the personal property of another. civil side of theft. if you rent a dvd and never return it, after a while, you own it. also, changing the character of the property. ex: loan of a car and then put many miles on it.

Premises Liability
slip and fall cases. if it's not safe, it's negligent.
It's no longer true that if you don't clean the snow, it's not your fault, but if you do, it is. Now, you must keep the property clean and safe.