Person M has previously sold a tract of land to Person R using a quitclaim deed. At that time he was not sure regarding whether he had the full title to that property or not. Later on, when Person M came to know that he had full title to the land, he sold the land to Person L by warranty deed. Person L was also aware of the previous deal; however she purchased the land and then sued to evict Person R from the land. It needs to be decided that whether Person L would get the title to the land.
Quitclaim deed provides the least protection to a person against any defects in the title. In case, the grantor has no interest in a land, then the grantee would not receive any interest. Contrary to this, a warranty deed provides the greatest protection to a person by providing him the greatest number of warranties.
In this case, Person R would probably be the winner. Although a quitclaim deed is the least protective deed, it covers the seller's entire interest. In this case, Person M's interest included the entire piece of property. Thus, Person R would receive the entire parcel of land.
On the other hand, Person L had knowledge of the previous sale of land to Person R, but she chose to ignore it when transacting with Person R. Thus, she was not a bona fide purchaser like Person R. Since, Person R is a bona fide purchaser and his deed was recorded, the court would probably find for Person R.
The tenant's transfer of all or part of the premises for a period shorter than the lease term is sublease.
The same restrictions that apply to an assignment of the tenet's interest in leased property apply to sublease.
If the landlord's consent is required, a sublease without such permission is ineffective. Also like an assignment, a sublease does not release the tenant from her or his obligations under the lease.
Implied Warranty of Habitability:
An implied warranty of habitability is a warranty in all residential leases that the premises are fit and habitable for human habitation. The warranty also creates the guarantee that the premises will remain fit and habitable throughout the duration of the lease.
It is the landlord's responsibility to make major repairs and must repair the uninhabitable condition, usually within 30 days, subject to state statutes and nature of the repair.
If a landlord does not repair the condition that makes the unit uninhabitable, with notice the following options are available to the tenant:
1. Move out and terminate the lease.
2. Repair and deduct the cost from the next month's rent. If the cost of repair exceeds one month's rent, then this option is not available to the tenant.
3. Sue for damages from the date of the landlord's knowledge of the breach of warranty of habitability. Damages will be the difference between the rental value in its uninhabitable condition and its fair market rental value.
4. Sue to force the landlord to make repairs by obtaining a court order. This is not a popular option for courts because of the costs and obligation of the court to oversee repairs.