| A Tenant's Remedy for the Landlord's Breach of the Implied Warranty of Habitability -- Actual and Constructive Eviction |
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| A lease agreement impliedly covenants that the tenant will have the peaceable use and enjoyment of leased premises that are fit for human habitation. In exchange, the tenant covenants that he will pay rent to the landlord. A landlord may file an eviction proceeding if the tenant breaches the covenant to pay rent; however, if the tenant pays rent and the landlord either physically ejects the tenant from the premises or substantially compromises the tenant's enjoyment of the premises, the landlord has breached the covenant by eviction. More... |
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| Initiative and Referendum |
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| Initiative and referendum are two mechanisms by which the voters of a state can directly effectuate changes in the state law. Whether a particular state has an initiative process and/or a referendum process is determined by the constitution of the state. More... |
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| The Foreign Investment in Real Property Tax Act |
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| Congress enacted the Foreign Investment in Real Property Tax Act (FIRPTA). The law can be found at 26 U.S.C.S. §1445. More... |
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| Real Estate Law |
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| Renting vs. Buying: Should you rent or buy a home? More... |
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| A Landlord's Liability for an Injury Inflicted by a Tenant's Dog |
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| Typically, a landlord cannot be held liable for an injury inflicted by a tenant's dog. In the fact scenario described above, John had no reason to know that Jake's dog would inflict an injury on the construction contractor. Jake may be liable for his dog's actions, but it is unlikely that John would be liable. More... |
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