Newsletters

A Tenant's Remedy for the Landlord's Breach of the Implied Warranty of Habitability -- Actual and Constructive Eviction

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.

Recognition and Prevention of Carbon Monoxide Poisoning

Every year, numerous people suffer ill health effects as the result of carbon-monoxide poisoning. Carbon monoxide is a poison gas which has no color or odor. Thus, it can easily go unnoticed in the home.

Eminent Domain/Condemnation

Eminent Domain is the right that a governmental entity has to take private property and to use it for public purposes.

Land Trusts

A land trust is a device by which land is conveyed to a trustee for the benefit of another. A settlor is the owner of the property that is placed into the trust. A land trust is created when settlor expresses his or her intent to create a trust through a written instrument. The instrument must name the trustee and identify the trustee's powers, the beneficiaries, and any remaindermen. The settlor may be the trustee and, in most cases, the beneficiary of the land trust.