| 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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| The Real Estate Settlement Procedures Act |
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| Certainly, the purchase of a home is a very significant event. In 1974, Congress enacted the Real Estate Settlement Procedures Act (RESPA) in order to protect home buyers from paying excessive settlement costs and from certain abusive practices. More... |
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| Home Inspection |
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| Often when a home buyer enters into an agreement of sale for the purchase of a home, the agreement contains a provision which entitles to home buyer to a home inspection. The home buyer's right to a home inspection is determined by the terms of the parties' agreement of sale. More... |
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| Trespass |
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| An owner of real property, by virtue of the owner's interest in the property, has the right to be free from intrusions upon the property by others. A trespass results from any intentional intrusion upon the property of another. Generally speaking, a property owner's right to prevent such intrusions is absolute. More... |
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| The Doctrine of Waste |
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| The rationale behind the doctrine of waste is that one who is entitled to receive a future interest in real property is entitled to receive the property in the same condition it was in at the time the future interest was created by the original grantor. Although the doctrine of waste may prevent changes that increase the value of the property, more often it refers to action or inaction that damages the property in some respect. More... |
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