Property I
Practice Midterm
Professor Brower

ASEP Workshop

Call of Question: Oscar wants to collect rent from anyone for 2/1/00 to 1/1/01? Therefore tell who/what he can collect and why.

 Organization: by parties (O v. A, O v. B) or issues. Here issues probably better, since differences between parties A and B only come out at end of analysis.

 1. Type of Tenancy?
 Tenancy for Years (5 yrs) NB: not need to tell what isn't only why is.
e.g.,   I: type of tenancy
         R: T/Y = definite beginning and ending date
         A: here agreement in facts said from 2/1/96 to 1/1/O1. Therefore definite beginning and end date.
         C: Tenancy for years

2. Sublease: since B didn't get same estate (only until 12/30/00 and not full 1/2/01)

 3. Abandonment: B vacates property on 2/ 1 /00 and pay not rent thereafter (10 months)

 4. O v. A/ O v. B:
 Since sublease, no privity of contract, privity of estate between O and B. Therefore, can't collect $ from B But both privity of contract and estate between O and A. Therefore can collect whole amount from A ($1000 x 10 mos. _ $10,000)

 NB: only collect for past rent due ( before 1/1/01) no acceleration of rent
NB: obligation to mitigate: yes, reduce damages by amount would have been recovered after reasonable attempt to relet property. But only for 10 mos., since after 12/20/00 sublease is over and A's estate begins again. Here, date = 1/1/O1. if A returns/or pays rent, the estate is A's. If A never returns or pays rent, then maybe A abandons. But this isn't call of the question!