(6) Property: Landlord/Tenant Flashcards
Types of Tenancy
- Tenancy for Years
- Periodic Tenancy
- Tenancy at Will
- Tenancy at Sufferance/Holderover Tenant
Definition / Term / Termination
Tenancy for Years
Definition: A tenancy for years is an estate measured by a fixed and ascertainable amount of time (there is a specified beginning and end date).
Term: Fixed period of time, if subject to SOF if longer than a year.
Termination: The lease automatically terminated after the fixed period. A tenant may only terminate prior to the end of the lease through constructive eviction or tenant surrenders the lease and the landlord accepts.
Definition / Creation / Termination
Periodic Tenancy
Definition: Lasts for an initial period and then automatically continues for additional equal periods until it is terminated by the landlord or tenant.
Creation: A period tenancy may be created by (a) expressly by agreement; (b) by implication if rent is paid at specific periods; or (c) by law either through a holdover tenant or when a lease agreement is invalid.
Termination: May only be terminated (1) at the end of a natural lease period AND (2) requires written notice at least a full period in advance. (Exception – year to year tenancy’s only require 6 month notice).
Definition / Creation / Termination:
Tenancy at Will
Definition: A tenancy at will continues until either party terminates it.
Creation: Is usually created by an express agreement.
Termination: Termination of a tenancy at will requires giving (1) notice of termination; AND (2) a reasonable time to quit the premises. (In a minority of states notice to tenant is not required).
Definition / Termination
Tenancy at Sufferance/Holdover Tenant
Definition: A tenancy at sufferance is when a tenant remains on the premises without the landlords permission.
Termination: A tenancy at sufferance is terminated if the tenant vacates the premises or the landlord evicts the tenant. In either case the tenant must pay the reasonable value of their use of the premises which is typically a daily rate determined by the rent.
Types of Disputes
- Termination of Tenancy for Breach of Covenant
- Condition of Leased Premises (Landlord/Tenant Duties)
Common Law & Modern Trend
Termination of Tenancy for Breach of Covenant
Types of Disputes
a. Common Law: Covenants between a landlord and tenant were independent of each other therefore a breach of a covenant gave rise to damages but not the right to terminate the lease.
b. Modern Trend: Covenants were considered dependent and a party may seek damages and terminate the lease upon breach of a covenant.
Types:
Landlord Duties
Types of Disputes
- Duty to Deliver Possession
- Implied Warranty of Habitability
- Duty to Repair + Warn
- Implied Covenant of Quiet Enjoyment
- Constructive Eviction
- Duty to Mitigate Damages
Majority / Minority Rule
Duty to Deliver Possession
Types of Disputes - Landlord Duties
Majority Rule: The landlord is required to delivery legal and actual possession of the premises at the start of the lease term.
Minority Rule: The landlord is required to provide legal possession of the premises and the tenant has no claim against the landlord if there is a holdover tenant in the premises but may bring a claim against the holdover tenant.
Rule:
Implied Warranty of Habitability
Types of Disputes - Landlord Duties
A warranty of habitability is implied in every residential lease. It requires the landlord to provide a place to live that is habitable. A property is deemed habitable if it is reasonable suitable for human needs (ex. Adequate heat, running water, electricity, structurally sound).
Tenants remedies upon a Breach of Implied Warranty of Habitability
Types of Disputes - Landlord Duties
Upon a breach of the warranty of habitability the tenant may (a) move out and terminate the lease; (b) withhold or reduce the rent; (c) repair the issue and deduct the cost from the rent; OR (d) remain on the premises and sue for damages. Before doing (b) or (c) the tenant must notify the landlord and give a reasonable time for them to correct it.
Residential/Commercial/Duty to Warn
Duty to Repair + Warn
Types of Disputes - Landlord Duties
Residential Lease Rule: A tenant has a duty to keep the premises in good order and make ordinary repairs but a landlord is required to make repairs and keep the property in habitable condition
* Commercial Lease Rule: A landlord does not have a duty to repair.
Duty to warn: A Landlord has a duty to repair common areas and has a duty to warn the tenant of any latent defects that create a risk of serious harm that the landlord knows or should know of.
Implied Covenant of Quiet Enjoyment
Types of Disputes - Landlord Duties
Every lease (both commercial and residential) include an implied covenant of quiet enjoyment which prevent a landlord from interfering with the tenants quiet enjoyment and possession of the property.
Landlord must control the common areas and take action against a tenant nuisance like behavior
Constructive Eviction
Types of Disputes - Landlord Duties
constructive eviction occurs when (1) the landlord breached a duty to the tenant; (2) the landlord’s breach caused a loss of the substantial use and enjoyment of the premises; (3) the tenant gave the landlord notice of the condition; (4) the landlord failed to remedy the condition within a reasonable time after notice was given; AND (5) the tenant vacated the premises.
Remedies available to Tenant after a Constructive Eviction
Types of Disputes - Landlord Duties
After being constructively evicted the tenant may terminate the lease and seek damages. Additionally a tenant can avoid rent owed during the time they were constructively evicted.
