So here's a question that has popped up 3 times already during my property drills today. What happens when A conveys to B, then 2 years later asks B to give the deed back. B gives deed back to A, A destroys it. Who owns now? Apparently B still owns it, but in equity, that just doesn't make sense.
Here's another one: A leases to B for a period of 5 years. At the end of the 5 years, A writes to B "if you'd like to renew your lease, rent will now be increased to $1200 per month, not $1000". B doesn't respond, but holds over, and sends a check for $1000 with letter stating "$1200 is too much for this craphole". A cashes the check. What is the nature of the tenancy. Apparently, it is a year to year tenancy held at $1200 per month. Even though principles of contract law tell me that the check for $1000 was a counteroffer and cashing the check was an acceptance...wtf? Also, seriously, B is going to be held to another year to year? I would think it would be month-to-month, since the monthly payments impliedly create a month-to-month tenancy...whatever...where's my bottle of wine?
Sunday, June 10
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2 comments:
Oh - I've got a real life case study for you! Rayna's mom is renting a condo to a guy in Padre, and she's decided to sell the condo instead of renewing his lease (it was a 6 month lease). The guy decided - Fuck you I don't want to leave, by the time you go to court and deal with all the BS I'll have gained another few months here and not have to move. He's been actively trying to prevent her from being able to sell the place, by refusing to let it be shown and by being a total dick to the prospects. The judge told her that even though she still has a ton of personal property inside, she could get in very big trouble for going in to get her furniture (leased it furnished). He told her she basically has no options and has to just wait for the whole legal ordeal to play out. I say - go over there and muscle your way in - throw out their shit and change the locks, then let HIM take legal recourse. What a shit, I hope karma truly does exist.
ps
your blog is fun to read during work. :) Good luck studying.
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