3: Landlord-Tenant: The Right of Exclusive Physical Possession Flashcards
What is a lease?
A possessory interest in land; exclusive possession
What are the characteristics of a lease?
- Occupy a fixed space
- Right to exclude (even the owner)
- Occupied space is clearly set off from rest of establishment
- The larger business establishment has little control over operation or employees
- “Tenant” or “lessee”
- Money paid - “rent”
What is a license?
Authorizes the licensee to use land in the possession another; arises from the consent of the owner of the possessory interest; not exclusive
What are the characteristics of a license?
- Space occupied may be moved around at the will of business establishment
- Cannot exclude the owner
- Occupied space is indistinctly set off from the rest of business establishment
- The larger business establishment has much control over operation & employees
- “Licensee”
- Money paid - other than “rent”
- Revocable at the will of the licensor
What is the covenant of quiet enjoyment?
Obligates the landlord to refrain from interferences with the tenant’s possession and beneficial use of the property during the lease.
What is the American Rule (minority) for the covenant of quiet enjoyment?
It is the tenant’s responsibility to deal with any trespassers or holdover tenants. The landlord’s grant of the legal right to possession does not include a promise to deliver actual possession.
What is the English Rule (majority) for the covenant of quiet enjoyment?
Landlord has the legal right and duty to furnish actual physical possession the tenant. If the landlord does not remove the holdover or trespasser within a reasonable amount of time, then the tenant can terminate the lease and seek damages to obtain living accommodations elsewhere.
What is partial actual eviction?
Appreciable portion of the premise; occurs when the landlord deprives the tenant of physical possession of some portion of the leased property, including denial of access to the leased premises.
What is the majority approach for partial actual eviction?
Tenant is allowed to vacate and terminate the lease after giving the landlord reasonable notice, OR stay and not pay rent
What are the characteristics of a tenancy for years?
- Fixed & ascertainable period of time
- Beginning and ending dated are fixed
- If termination occurs upon the expiration of the term, no notice is required
When must a tenancy for years be in writing?
When longer than a year to satisfy the statute of frauds
What is a periodic tenancy?
- Repetitive, ongoing estate measured by a set period of time (month-to-month)
- No predetermined termination date
- Renewed automatically at the end of each period, unless the lessor or lessee terminates
- Notice of at least one rental period is required for termination
When is a periodic tenancy implied?
- When land is leased and there is no mention of duration, but rent is due at certain set intervals
- When the oral tenancy of years in violation in the statute of frauds
- When a landlord elects to hold over a tenant who has wrongfully stayed on the property after their lease has expired
What is a tenancy at will?
- A leasehold estate that does not have a specific term and continues until terminated
- No fixed duration
- Can be terminated by either landlord or tenant at any time
- No advance notice is required
What is a tenancy at sufferance?
- Holdovers/unlawful detainer
- Created when a tenant has wrongfully held over after the expiration of their lease and the landlord does not accept the holdover
