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Life Tenant and Leases
GEN: LT may enter into leases. Such leases expire upon the death of the LT unless there's eidence of intent by the parties to extend the lease beyond his death.
Rule of Destructability and Contingent Remainders
PA: Contingent remainders are destructible if they don't vest when the preceding estate ends.
FED: Contingent remainders are NOT destructible in such instances.
PA (pre-2007): Applies the "wait and see" approach.
PA (post-2007): No RAP.
JT and Mortgages
GEN: If less than all the JTs gets a mortgage, the JT is broken. If all JTs execute a morgage collectively, no severance of the JT and a TiC is created.
TbyE and Conveyance
- GEN: If property conveyed to a married couple as either a TbtE or as a JT with right of survivorship, tried like a TbtE.
- BUT: If property conveyed to a married couple as a TiC, it remains a TiC.
Conveyance by a spouse: as long as the marriage coninues, neither spouse may destroy the TbtE or alienate any portion of it for his or her exclusive benefit w/o the consent of the other spouse.
Conveyance by both spouses when there's a lien: if a lien against one spouse, it dissolves if that spouse pre-deceases the other, or if both spouses convey the property together (clear title).
Failed Attempts to Transfer as a TbtE
GEN: If attempt to transfer prop as a TbtE to an unmarried couple and expressly provide for a right of survivorship, likely result is a JT. Otherwise, TiC.
Leases and SoF
- GEN: If a lease is for more than three years, must be in writing. The lease can be mortgaged.
- NOTE: Lease need not be recorded.
Destruction of the Property W/O Tenant Fault
GEN: Tenant entitled to surrender possession in such cases w/o penalty.
Implied Warranty of Habitability
GEN: Adopted in PA, but does not impose a duty on a LL to make repairsor necessarily expose the LL to tort liability for failure to repair.
- (1) Notice to LL re: defect or condition;
- (2) LL had a reasonable opp to make the necessary repairs; AND
- (3) LL failed to make the repairs.
Landlord Tort Liability
GEN: LL held to a reasonable SoC. Liable when, by the exercise of reasonable care, the LL could have discovered the confition and made it safe.
NOTE: No liability for third party criminal acts UNLESS LL undertakes to secure the area and fosters a reliance by Ts on such efforts.
Recording and Defective Indexing
GEN: A properly recorded deed will provide constructive notice even when it is defectively indexed.
No Statutory Right to Redemption
PA: Once the foreclosure sale has occurred, no right to redeem the property.
Title Theory State
GEN: Mortgagee retains title in the property until the mortgage has been satisfied or the property foreclosed. Mortgagee also has the right to possession but there's generally an express provision granting the right to the mortgagor.