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Hillview Associates v. Bloomquist
Content Type: Brief

View this case and other resources at: Citation. 440 N.W.2d 867,1989 Iowa Sup. Brief Fact Summary. Tenants created an association to assert their rights, and the landlord then served some members with eviction papers. Synopsis of Rule of Law. Landlords may not engage in retaliatory eviction. However, a tenant who proves a retaliatory purpose is not entitled to remain in possession in perpetuity. If the illegal purpose ends, the landlord can, in the absence of legislation or a binding contract, evict the tenant for legitimate reasons or for no reason at all. ...

Blackett v. Olanoff
Content Type: Brief

View this case and other resources at: Citation. 371 Mass. 714, 358 N.E.2d 817, 1977 Mass.1 A.L.R.4th 843. Brief Fact Summary. A landlord rented property to a tenant running a lounge in an area that was residential. The lease required the noise not disturb others, but when it did, the landlord did not correct the situation. Synopsis of Rule of Law. A tenant's implied covenant of quiet enjoyment is violated when the landlord leases property to another tenant, and the lease gives the landlord the right to control the level of noise, but the landlord does not prevent the undesi ...

Slavin v. Rent Control Board of Brookline
Content Type: Brief

View this case and other resources at: Citation. 406 Mass. 458,548 N.E.2d 1226, 1990 Mass. Brief Fact Summary. A residential lease prohibited the assignment and sublease of property without the written consent of the landlord. A tenant allowed someone to live on the property without the landlord's consent. Synopsis of Rule of Law. In a residential lease, a lease provision requiring the landlord's consent to an assignment or sublease permits the landlord to refuse arbitrarily or unreasonably. ...

The College Block v. Atlantic Richfield Co
Content Type: Brief

View this case and other resources at: Citation. 206 Cal. App. 3d 1376, 254 Cal. Rptr. 179, 1988 Cal. App. Brief Fact Summary. A lease did not fix the amount of rent to be paid each month, but instead determined it to be based on a percent of deliveries. The lessee stopped operating before the lease ended, and so only paid a minimal amount of rent. Synopsis of Rule of Law. A covenant of continued operation in good faith will be implied into commercial leases containing percentage rental provisions if the minimum rent is not substantial. ...

Braschi v. Stahl Associates
Content Type: Brief

View this case and other resources at: Citation. 74 N.Y.2d 201,543 N.E.2d 49, 544 N.Y.S.2d 784,1989 N.Y. Brief Fact Summary. A same-sex couple lived in a rent-controlled apartment, however, only one tenant was the tenant of record. After one tenant died, the apartment owner ordered the remaining tenant to vacate the unit. Synopsis of Rule of Law. A family in a rent-controlled apartment, are those people who reside in a household with all of the normal familial characteristics, even if those people are not related by marriage, adoption or blood. ...

Kendall v. Ernest Pestana, Inc
Content Type: Brief

View this case and other resources at: Citation. 40 Cal. 3d 488, 709 P.2d 837, 220 Cal. Rptr. 818,1985 Cal. Brief Fact Summary. A commercial lease required the lessee to obtain written consent from the lessor before assigning any interest in the property to a third party. Synopsis of Rule of Law. In a commercial lease, a landlord can withhold his consent to assignment by the tenant only if the landlord has a commercially reasonable objection to the assignment. ...

United States v. Sixty Acres in Etowah County
Content Type: Brief

View this case and other resources at: Citation. 930 F.2d 857,1991 U.S. App. Brief Fact Summary. An abused wife faced a forfeiture proceeding because of her husband's drug activities. Synopsis of Rule of Law. A generalized fear of persecution, which does not amount to duress, will not be considered lack of consent to illegal activities to stop forfeiture. ...

United States v. Leasehold Interest in 121 Nostrand Avenue
Content Type: Brief

View this case and other resources at: Citation. 760 F. Supp. 1015, 1991 U.S. Dist. Brief Fact Summary. A member of a large household sold drugs, and under a federal statute, the government attempted to evict the entire household. Synopsis of Rule of Law. A defense to the drug forfeiture statutes is the innocent owner defense, which allows the claimant to retain the property if he or she can establish lack of knowledge of narcotics activity or that there was no consent to the activity. ...

Bennis v. Michigan
Content Type: Brief

View this case and other resources at: Citation. 516 U.S. 442,116 S. Ct. 994, 134 L. Ed. 2d 68,1996 U.S. Brief Fact Summary. A husband used a car he jointly owned with his wife to have sex with a prostitute. The government seeks forfeiture of the car. Synopsis of Rule of Law. An owner's interest in property may be forfeited by reason of the use to which to property is put even though the owner did not know how her property was being used. ...

Bayliss v. Bayliss
Content Type: Brief

View this case and other resources at: Citation. 550 So. 2d 986,1989 Ala. Brief Fact Summary. A divorced father did not want to pay for the college education of his son. Synopsis of Rule of Law. Children of divorced parents, who are minors at the time of divorce, are given the same right to a college education before and after they reach the age of majority that they probably would have received if their parents had not divorced. ...