Term
Future Interest
Possibility of Reverter |
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Definition
| Merged with Right to Reentry. Both freely alienable. FL limits reverter and forfeiture provisions to 21 years from the date of deed. Gov, educ, charities not restricted by 21 year rule. |
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Term
Future Interest
Fee Tail (to heirs of grantor) |
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Definition
| Minority view. FT creates a life estate to first taker with remainder per stirpes to his descendants. No descendants, it goes back to grantor. |
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Term
Future Interest
Class Gift: Child |
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Definition
| Excludes stepchild, foster child, grandchild or more remote descendant. |
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Term
| Options and right of first refusal. |
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Definition
| Exempt from RAP and USRAP |
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Term
RULE
Uniform Statutory Rule Against Perpetuities |
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Definition
NON VESTED property interest in real property is INVALID unless:
1) Certain to vest or terminate no later than 21 years after the death of someone alive OR
2) Actually vests or terminates within 90 years after creation (360 for trusts). |
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Term
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Definition
| An owner can create a joint tenancy in herself and another by a single deed, even though the unities of time and title are not satisfied. No straw-man required. One party can sell their share. Lien doesn't destroy until actual sale. |
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Term
Joint Tenancy
Express language requirement |
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Definition
| conveyance must expressly provide for the right of survivorship. |
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Term
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Definition
| Fixed beginning and end date. Ends without notice by either party. Can be for any time period. L can add a 60 day notice requirement before end of lease (must give T 15 days notice of change). If T stays on past end date of lease with L's permission, T has to give at least 15 days notice prior to vacating. T's failure to notify will make them liable for another month's rent. |
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Term
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Definition
| FL: conveyance to H&W is presumed to be TIE. Rebutted only by express language. It is also assumed in a mortgage to two married people. A spouse holding title to property can create TIE w/ other spouse by conveying property to other spouse by deed saying it's a TIE or conveying property to both herself and spouse. MUST HAVE SIGNATURES OF BOTH SPOUSES TO CONVEY. A sale w/out both signatures violates SOF. (could argue that present party was an agent for missing party) |
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Term
Tenancy in Common
Contribution |
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Definition
| All T's must contribute to joint mortgage, taxes and repairs. A T who pays more than his fair share by buying off a lien, or paying back taxes is entitled in equity to be repaid by other T's. |
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Term
L/T Residential
Termination of Periodic Tenancy
Notice |
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Definition
year to year: 60 days
quarter to quarter: 30 days
month to month: 15 days
week to week: 7 days
can leave notice on door if T absent. |
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Term
L/T Nonresidential
Termination of Tenancy at Will
Notice |
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Definition
year to year: 3 mo.
q/q: 45 days
m/m: 15 days
w/w: 7days |
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Term
Rule
Holdover Doctrine
Residential |
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Definition
Tenancy in sufferance is created. Mere payment or acceptance of rent is not construed to be a renewal of the term; at most a month to month periodic tenancy is created and double rent is allowed.
L may recover possession by filing action for possession in county court.
No self-help (change locks/take stuff).
L may recover double rent.
T's defense: L granted permission. |
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Term
RULE
Holdover Doctrine/ Non-residential |
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Definition
| FL doesn't permit L to bind a nonresidential T to a new periodic tenancy. If L consents in writing a tenancy at will is created. |
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Term
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Definition
| Not allowed. Must file for ejectment. |
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Term
T duties and L remedies
Permissive Waste |
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Definition
| T has no duties to make repairs, with the exception of plumbing. (there is another conflicting stat that calls for L repair of plumbing). |
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Term
RULE
T duties and L remedies
Destruction of premises w/out fault |
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Definition
| if T's enjoyment is substantially impaired, T may vacate and terminate. Partial destruction: T's liability is reduced by rental value of that part. |
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Term
Rule
Implied Warranty of Habitability |
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Definition
This is not where L doesn't follow lease requirements (can't terminate for that) To breach warrantyL must:
1. reasonably inspect premises
2. maintain premesis (building codes, but if no codes, structure must be maintained in good repair as to roof, walls, windows). Must have: extermination of certain pests, locks/keys, clean/safe common areas, garbage removal, and provide heat, hot water, running water. T must do plumbing.
L's duty may be altered by lease in single family/duplex, not multiple dwelling buildings. |
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Term
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Definition
| Return in 15 days, or written notification w/in 30 that he's intending to make a claim to it. Failure to give notice forfeits L's claim. |
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Term
RULE
Landlord's remedies
Non-compliant T/residential |
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Definition
| L may terminate lease on 7 day notice for noncompliance of T that can't be cured. If curable, written notice and 7 days to cure b/f terminating. |
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Term
RULE
Landlord's remedies/residential
Tenant fails to pay rent / T is on property |
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Definition
| written demand notice after non-payment, wait 3 days then terminate. If L takes back rent, waives termination. |
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Term
RULE
Landlord's remedies/residential
Tenant fails to pay rent/ Abandons |
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Definition
| Abandonment presumed after 1/2 time for periodic rent payment. Inapplicable if rent is current or L is informed of planned absence. |
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Term
RULE
Landlord's remedies/residential
Abandonment |
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Definition
If T has not notified L in writing of absence:
1. L can do nothing, holding T liable as rent comes due.
2. L repossesses: either accepts surrender, retakes terminating T lability.
3) retakes and mitigates holding T liable for difference. Good faith duty. |
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Term
Landlord's remedies/residential
Early termination fee |
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Definition
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Term
RULE
Landlord's remedies/residential
Tenant death |
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Definition
| L can resume possession after T dies when rent goes unpaid, 60 days have passed following death and L hasn't been notified in writing about probate. |
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Term
RULE
Landlord's remedies/non-residential
Abandonment |
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Definition
| in absence of actual knowledge, abandonment will be presumed if T is absent 30+ days, rent is not current, notice has been given and 10 days have lapsed since notice. |
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Term
RULE
L/T: Non-residential
Waiver of remedy for nonpayment of rent |
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Definition
| If L accepts full amount of back rent, L waived right to eviction. Must give $ back immediately. |
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Term
| Rent paid into Court Registry |
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Definition
| In action by L, T must pay accruing and unpaid rent into registry, even if T raises defense of payment or satisfaction. |
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Term
Landlord/Tenant
Majority rules followed for... |
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Definition
L must deliver actual possession.
T may terminate if constructive eviction(enjoyment substantially impaired)
Implied warranty of habitability (building, health, housing codes, maintain structure. Multi bldg: extermination, locks/keys, clean and safe common area, garbage, heat, hot water, running water. |
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Term
RULE
T remedy for L breach of Implied Warranty of Habitability/Constructive eviction |
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Definition
1. T must give written notice w/ specific non-compliance and intent to terminate.
2. If L fails to correct w/in 7 days after written notice, T may terminate.
3. If T keeps paying rent, termination is waived.
4. If failure beyond L's control and L making reasonable efforts, rental agreement can be term/altered.
T vacates due to uninhabitable:not liable for rent.
Inhabitable and T stays:
1. rent reduced in proportion to rental value lost.
2. T can repair and offset
3. T can pay full rent and seek damages. |
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Term
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Definition
For repairs, must have reasonable access btw 7:30 am and 8:00 pm.
L may enter w/ consent of T, in emergency or when T unreasonably withholds consent (repairs, decorates, show prospectives, mortgagees, etc.) |
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Term
RULE
L/T Non-residential
Termination by T for inhabitability |
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Definition
| Lease places affirmative duty on maint/repair on L, repairs are not done, premises are rendered wholly untenantable. Notice to L 20 days to make repair; if not, can w/hold rent. Can extend by mutual written agreement. T an abandon, keeping w/held rent and terminate lease. |
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Term
Tort Liability of L/T
Common Areas
L contracts to repair |
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Definition
common area: all guests/invitees now considered "licensees by invitation" to whom L owes duty of reasonable care.
L contracts to repair: L is liable for consequential damages for breach of his covenant to repair. |
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Term
RULE
Prescriptive Easements |
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Definition
1. open and notorious
2. adverse
3. continuous and uninterrupted
4. doesn't need to be exclusive
4. tacking permitted but privity required.
20 years. |
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Term
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Definition
| No transfer fees allowed: restriction against alienation. |
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Term
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Definition
| HOA can't enforce unless the assoc is a successor to the developer's right of enforcement or the covenant was expressly created for it's benefit. Individual property owners have standing, but HOA doesn't to sue as their rep. |
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Term
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Definition
1. exclusive
2. open and notorious
3. hostile/adverse
4. continuous/uninterrupted
7 years
FL: payment of property taxes is a required element for establishing title as an adverse possessor w/out color of title. Possession of 1 lot in tract doesn't give you others. |
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Term
| Uniform Vendor and Purchaser's Act |
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Definition
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Term
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Definition
| FL requires that real estate be conveyed by a written instrument signed by one (or more) who are bound, in the presence of 2 subscribing witnesses; applies to any conveyance of more than one year. |
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Term
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Definition
Notice state. Duty (case law) on purchaser to physically examine property for inquiry notice.
Lien and judgement creditors are protected. |
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Term
RULE
Merchantable Title Act |
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Definition
| Even valid claims are extinguished after 30 years. Not applied to plat restrictions or easements of necessity. |
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Term
Conveyance by Will
Ademption |
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Definition
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Term
Conveyance by Will
Exoneration |
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Definition
| In FL liens on specifically devised property are NOT exonerated. Grantee must pay lien. |
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Term
Conveyance by Will
Lapse/Anti-lapse Statutes |
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Definition
| Fl is an anti-lapse state. Applies to gift made to beneficiary who was dead at he time the will was executed. Appointees descendants take per stirpes. |
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Term
Conveyance by Will
Lapse/Anti-lapse Statutes
Degree of relationship to testator |
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Definition
Predeceasing devisee's descendants will take per stirpes (unless will specifies not) if:
devisee is a grandparent of T, or a direct descendant of g/parent AND,
devisee is dead when will is executed. |
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Term
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Definition
No final date of maturity on document?
It's 20 year from issuance, unless re-recorded or maturity date affidavit. |
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Term
Foreclosure
Statutory Right of Redemption |
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Definition
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Term
Foreclosure
Deficiency Judgments |
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Definition
| Allowable by court. But, not allowed against the original mortgagor w/ a PPM when the original mortgagee is the purchaser at foreclosure sale. Chase can't sue Katie for deficiency if they buy my house at a foreclosure sale. |
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Term
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Definition
| Underground water = reasonable use doctrine; L is entitled to reasonable use; can't export it. Ground water= natural flow doctrine: possessors incur liability only when there is harmful and unreasonable interference with the flow of water (putting it on neighbor's land). |
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Term
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Definition
Created by declaration. Homesteadable. Can cancel w/in 15 days of sale or 15 days after getting disclosure material.
Mandatory nonbinding arbitration by Florida Condo Division. Can then go to court and be heard denovo (for condo management stuff not property/title stuff).
Condo assoc can: manage, contract, sue/be sued, maitinan accounts of operation, financial reports, mail members. Can terminate for waste, disrepair or plan. |
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Term
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Definition
| Can terminate by 80% of voting interests and 80% of original timeshare lien holders. |
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Term
Land installment contracts
Certificate of Deeds |
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Definition
| Seen a mortgages in FL. Mortgagee must go through judicial sale. |
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Term
| A notice statute protects... |
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Definition
the last Bona Fide Purchaser for value.
(at leat until the next BFP comes along) |
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Term
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Definition
The grantor warrants that they have received title,
and unless noted specifically in the deed, that the property was not encumbered during their period of ownership. |
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Term
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Definition
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Term
| When a buyer assumes a mortgage... |
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Definition
| both the buyer and the seller are now liable for the mortgage. |
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Term
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Definition
Conveyance of interest of more than 1 year must:
1) comply with SOF
2) identify property and the parties
3) show intent to transfer property
4) be signed by grantor(s) in the presence of 2 witnesses. |
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Term
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Definition
Seller has affirmative duty to disclose if:
1) S knew or should have known of defect.
2) Defect was not obvious
3) B was unlikely to discover by ordinary inspection
4) Defect is so serious that it materially affects the value of the property. |
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Term
RULE
Misrepresentation (Fraud)
Active Concealment |
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Definition
Misrepresentation (fraud): B is not required to investigate S's statements to determine if they are misrepresentations unless the falsity is ether known or obvious.
Active Concealment: S liable if actively concealed a known defect. |
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Term
RULE
Constructive Eviction/Breach of Implied Warranty. |
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Definition
T may terminate if property damaged and enjoyment is substantially impaired.
1. acts that cause prob must be by L or his agent.
2. Property must be inhabitable.
3. T must move out w/in a reasonable time or waive right. (defense: couldn't find another apartment) |
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Term
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Definition
| L has 15 days to return security dep. w/interest OR 30 days w/ written notice of intent to claim. T must object w/in 15 days of notice or L can deduct amt of claim from dep. and return remainder w/in 30 days. |
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Term
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Definition
| L may have T leave for up to 4 days if L gives T 7 day notice. Rent is abated. |
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Term
RULE
Easements by necessity
Common Law |
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Definition
1. No other entrance or exit AND
2. Easement necessary for beneficial use
3. Requires unity of title (same person must have title to easement and dominant estate) |
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Term
RULE
Easements by necessity
Statutory |
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Definition
1. land outside municipality
2. used for dwelling or agriculture
3. no other reasonable ingress/egress
4. no need for unity of title
5. servient estate entitled to compensation.
6. may be used for: people, vehicles, stock, cable, utilities. |
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Term
RULE
Adverse Possession
Color of Title |
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Definition
Based on written instrument or court order (valid or not). Instrument must:
1. adequately describe the property
2. be properly recorded.
Property will be considered advers. possessed under color of title when it has been:
1. usually cultivated or improved
2. protected by substantial enclosure
3. used for fuel or fencing timber for ordinary use of occupant
4. partly improved if part of a known farm. |
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Term
MBE RULE
Easement by necessity |
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Definition
| Only exists where the owner of a single tract sells a portion of the tract that has no access to road or utility line. If B buys a lot independently, doesn't apply. |
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Term
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Definition
| Even the SMALLEST violation renders deed unmarketable. |
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Term
| Doctrine of Worthier Title |
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Definition
| Abolished in FL. A remainder in your heirs does not create a presumption of reversion. |
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Term
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Definition
| Abolished in FL. Allowed to create a life estate and remainder to heirs. |
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Term
| Doctrine of Destructibility of Contingent Remainders |
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Definition
| FL recognizes this rule. If a contingent remainder has not vested at the natural termination of the prior freehold estate, the contingent remainder is destroyed and may become and executory interest subject to RAP. |
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