Chapter 50 - Landlord-Tenant Law Flashcards
Landlord
1) lessor / owner of the property
lessee / tenant
1) part who assumes temporary ownership of the property
leased property
referred to as the leasehold estate
lease
agreement between the landlord and the tenant
Creation of the landlord-tenant relationship
1) established by contract – must be written if lease > 1 year (Statute of frauds)
2) lease Requires following elements:
a) names of tenant and landlord
b) express or implied intent to create a landlord tenant relationship
c) description of the property
d) specific length of the lease
e) amount of rent to be paid to landlord
3) Tenant’s Exclusive right to possession of the property is a key characteristic
Definite-term lease
1) a term for years
2) expires at end of specified term
3) landlord not required to give any notice of termination
Periodic-tenancy lease
1) created for a recurring term ex. month to month
2) distinct from definite-term lease because periodic-tenancy lease is for indefinite time period
3) either party can cancel during recurring period but must give sufficient notice
Tenancy-at-will lease
may terminate at any time
Tenancy-at-sufferance lease
1) created if tenant fails to leave property at end of the lease
2) landlord may permit the resident to remain or demand repossession of the property
Fair Housing Act
Landlord may not deny a tenant’s rental application on the basis of race, color, sex, religion, national origin, familial status, or disability
Types of leases
1) definite term lease
2) periodic-tenancy lease
3) tenancy-at-will lease
4) tenancy-at sufferance lease
Rights and Duties of Landlord and tenant - Possession
1) landlord has duty to give tenant possession of the premise
2) most states = physical possession (remove old tenants) in some states = legal possession
3) if tenant does not receive possession of the premises because of an act of the landlord, landlord will be held liable and tenant can bring an action for possession against the landlord
4) possession according to lease– covenant of quiet enjoyment - tenants had right to quietly enjoy the land (landlord will not interfere with the tenant’s use of property) can sue for breach
Rights and Duties of Landlord and tenant
Duties
1) landlord to put tenant in possession
2) landlord duty of covenant of quiet enjoyment
3) tenant duty not to commit waste
Corresponding Right
1) Tenant right to retain possession
2) tenant right to quiet enjoyment of the property
3) landlord right to reimbursement for tenants waste
Actual eviction
landlord physically prevents you from entering the leased premises
Full Eviction
landlord physically prevents you from entering any part of the premises
Partial Eviction
landlord prevents you from entering a part of the remises
Eviction
1) in both partial and full evictions, tenant is released from the obligation to pay rent
2) tenant can sue for damages or for breach
Constructive Eviction
1) premise becomes unsuitable for use bc of landlord’s wrongful or omitted act (after tenant notifies landlord)
Implied Warranty of Habitability
1) requirement that premises be fit for ordinary resident purposes
2) enforced by most states
3) represents a shift in leases for land vs dwelling
Waste
1) any tenant conduct that causes permanent and substantial injury to the landlord’s property
alterations
1) in most states tenants cannot make chandes that affect the condition of the premises (alterations), without the landlord’s consent
2) If alterations made that become fixtures (ex. shelves) tenants may or may not be able to remove them without damages or having them become landlord’s property
Maintenance of the premises
Landlord responsibility 1) ensuring habitability 2) safety and health codes 3) major defects 4) statutory codes ex. sprinklers 5) repairs to common areas If landlord fails to make repairs 1) withhold rent, by placing in an escrow account only amount associated with the defect (not all rent) 2) repair and deduct --> have repairs made and then deduct from rent some states limit deduction and what applies for it. must have notified landlord and they must have refused to repair 3) sue for damages
rent
1) compensation paid to landlord for tenant’s right to use the property
2) can be money or services
3) rent escalation clause –> enables landlord to change the rent after lease’s signing associated with costs of living property taxes or tenants commercial business, common in long-term leases
landlord’s lien
1) right to some or all of the tenants property in order to collect unpaid rent
2) need to initiate court proceedings so that sheriff could seize prop
3) seized prop is considered security for the unpaid rent
Landlord’s Liability
1) landlord liable foe injuries the occur in common areas–expected inspect and repair common areas
2) liable for injuries when repairs made wrongfully or negligently
3) liable for injuries because of conditions landlord knew of or hid from resident
Tenant’s Liability
1) tenant has responsibility to keep premises in which he or she is in control of in reasonably safe condition
2) tenant responsible where customers would usually go ex. slip on wet floor
landlord transfer of interest
1) landlord has right to possession until lease
2) then right to receive rent
3) may transfer right to receive rent
Assignment
1) tenant transfer of entire interest in leased property
2) generally needs landlord consent - f no consent landlord may terminate lease
3) if landlord accepts rent from assignee = consent
4) if assignee fails to pay rent both tenant and assignee are liable, assignee will owe tenant
Sublease
1) a transfer than less than all the interest in a leased property
2) in essence, sublease creates a landlord-tenant relationship between original tenant and sublease
3) Original tenant responsible for rent to landlord if sublease does not pay
Termination of the lease
1) expiration
2) breach of condition by landlord
3) forfeiture
4) destruction of the property
5) surrender
6) abandonment
Breach of condition by landlord
1) landlord violates covenant of quiet enjoyment
2) eviction –> tenant may terminate lease
Forfeiture
tenant or landlord fails to perform a condition stated in the lease e.g. tenant fails to pay rent
Surrender
1) a mutual agreement between landlord and tenant
2) landlord accepts tenants offer to surrender interest in the premises
3) generally must be in writing
Abandonment
1) tenant moves out, no intent to return, an dhas defaulted on rent payments
2) if landlord accepts the property, tenant is usually relieved of the rent obligation and the lease is terminated
Destruction of the premises
1) most states –> tenant released from rent payments
2) if landlord unable to do something to prevent disaster, landlord not expected to restore and repair the premises
