co tenancies

Question 1

tenancy in common

Answer 1

Each tenant in common owns a separate, undivided share of interest in a property and
has a right to the whole.

no right of survivorship

not liable for rent unless ouster or agreement

ouster =“Not allowing the other tenant in common to have access after requesting that they get
out, pay, or want access.”

Question 2

Joint Tenancy:

Answer 2

Joint tenants that are together regarded as the single owner of a property. Yes, they do have the
right of survivorship. Each tenant owns the undivided whole of the property.

words traditionally required as joint tenants and not as tenants in common, with full
right of survivorship.”

Question 3

joint tenancy requirements

Answer 3

(1) Time  Interest must be acquired at the same time;
(2) Title  All joint tenants must acquire title by the same instrument or adverse possession, never
by intestate possession;
(3) Interest  Equal undivided shares & identical interest measured by duration; and

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(4) Possession  Everyone must have the right to possession of the whole; but after creation, 1 joint
tenant can give exclusive possession to others.

Question 4

joint tenancy conveyance

Answer 4

if convey then new tenant and tenant are co tenants

if convey 3 parties new co tenant other two still joint

Question 5

leases joint repair joint accounting

Answer 5

courts are split whether a leases breaks joint

The common law approach (still followed in some states) does not allow such contribution.
o Under the modern trend, contribution may be compelled for necessary repairs, if they were
requested and refused.

Question 6

improvements applies to both

Answer 6

There is no general right to an accounting or contribution for improvements made to co-tenancy
property.
o However, if an improvement increases the value of the property the improver may be
compensated for that increased value in accounting for rent and profits

Question 7

Partition:

Answer 7

generally right to partition those with possession
+Voluntary Partition  Voluntary partition is usually accomplished by an exchange of mutual
deeds among co-tenants or by sale of the property and division of the proceeds.
+ Involuntary Partition  Involuntary (judicial) partition is by court action, usually at the
instance of one but not all of the co-tenants.
+ Owelty  When partition cannot produce equal shares, the party receiving the larger portion
makes a cash payment to the other party.

Question 8

Partition in Kind:

Answer 8

Property is divided among co-owners; the individual interests of the owners in a property are
severed in a way that each owner can enjoy their share of the property free from others and can
dispose of their share without any obstruction from others.

improved to improve if doesn’t negatively affect co tenants

If Partition in Kind cannot be made in a manner that gives the Improver the improved section,
the court may order physical partition and order the non-improving co-tenant to pay owlet to the
improver

Question 9

partition by sale

Answer 9

Partition by Sale should occur ONLY IF a partition in kind is impractical.

Involves a forced sale of land in the sense that not all parties may be willing to sell.

Conducted only when a property cannot be physically divided into separate parts.

done when not profitable to divide land
must be best for all interest of land

improver gets value added

Question 10

joint bank accounts

Answer 10

“True” Joint Tenancy Bank
o During the joint lives of the owners of a joint bank account, each joint tenant holds a present
right in the sums deposited in the joint bank account.

“Payable on Death” Bank Account
o The party who created the account (“the owner”) has the present right to all sums deposited in
the account.
o The other party has survivorship rights only.

“Convenience (Power-of-Attorney) Bank Account
same as payable but The other party may draw on the account presently to pay the owner’s bills, but has no
survivorship rights.

Question 11

Tenancy by the Entirety:

Answer 11

same requirements as joint plus marriage requirement
can’t act alone for partition

Question 12

types of tenancies lease

Answer 12

periodic
term of years
at will tenancy
tenant at sufferance

Question 13

term of years

Answer 13

writing required for sof over one year
An estate that lasts for some fixed period of time or for a period computable by a formula that
results in a fixing calendar dates for beginning and ending, once the term is created or becomes
possessory.

notice to terminate not required
could end before period under some event or condition

Question 14

Taxes and Mortgages:

Answer 14

A co-tenant who pays a mortgage or taxes may seek contribution or may recover in an accounting or
partition suit (but there is no separate action to compel contribution.
 However, the co-tenant in sole possession will receive reimbursement only to the extent that his
payment exceeds the market value of the property.

Question 15

periodic tenancies

Answer 15

Tenancy: Continues from period to period, without a set termination date.
lasts until notice of termination from landlord or tenant

period extended unless notice
look at notice chart pg28

Question 16

at will tenancy

Answer 16

A tenancy of no fixed period that endures so long as both landlord & tenant desire.
A unilateral power to terminate a lease can be engrafted (inserted) on a term of years or a periodic
tenancy.

terminates parties want to party dies voluntary waste etc

notice required to terminate

Question 17

tenant at sufferance

Answer 17

A tenancy at sufferance is created when the tenant refuses to vacate the premises after his lease has terminated. This situation creates a temporary tenancy, where the terms of the prior lease control, until:

landlord could evict and damages
or consent to new tenancy

Question 18

assignments

Answer 18

An assignment occurs when the lessee transfers to a third person all of her right, title
and interest in the leased premises

assignee comes with privity of estate with the lessor

if the rent is not paid, the lessor may sue the assignee, so long as the assignee remains on the premises

if the assignee transfers to third party can’t sue for rent unless assumed it

Question 19

sublease

Answer 19

A sublease occurs when the lessee transfers to a third person less than all of her right,
title and interest in the leased premises.

no privity of estate

lessor can’t sue assignee unless assumption
but assignor could sue assignee

Question 20

privity of contract

Answer 20

original contract original tenant and landlord (benefit of original lease then subject to) for assignees . never for sublease

if assignee subleases then he still in privity of estate

Question 21

lesses duties

Answer 21

pay rent
even if destroyed unless lessors fault
duties assigned by statute keep clean
repairs=
must make repairs or it becomes waste
duty not to commit waste
Landlord no repairs
tenant minor repairs wind tight water
keep clean

Question 22

I

Answer 22

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Question 23

Lessor’s Remedies for Lessee’s Breach of Duty:

Answer 23

material breach= evict or recover damages

Abandonment: If the lessee abandons the premises, the lessor may:
Retake the premises when the lessee abandons;
Ignore an abandonment and continue to hold the tenant liable for rent; or
Reenter and re-let the premises for the lessee.

Question 24

Lessor’s Remedies & Security Devices:

Answer 24

Termination of the Lease for Non-Payment of Rent: terminate and sue
the lessor may not sue
for rent due for the unexpired term of the lease. if terminated

Suit to Recover Rent Past Due:t
sue for unexpired rent if not terminated
the lessor may have a duty to mitigate damages in
respect to future rent.

Anticipatory Repudiation: must prove The breaching party has unequivocally stated that he or she will not perform on the due date; and The contract is still executory on both sides.
if stays on premises hard to use anticipatory

Rent Acceleration Clause or Statute:
A rent acceleration clause states that the full amount of rent due under the lease
will be due and payable immediately on the lessee’s failure to pay rent currently
due.
may immediately sue but not take premises

Question 25

Lessors duties

Answer 25

1delivery of possession

2Statutory Duties heat water)

3Covenant of Quiet Enjoyment The lessor must not engage in any activity the causes the
lessee to be evicted constructively from the premises.(A lessee may treat the lease as terminated and withhold rent if the covenant of quiet
enjoyment has been breached by an actual or a constructive eviction.)

4Implied Warranty of Habitability  Under the modern trend, the lessor is deemed to have
warranted impliedly that residential premises are fit for habitation.(safe and clean) need not leave premises recover damages
-maintain premises that are safe clean and for human habitation.
- no commercial leases
- for claim must provide notice of defect and give landlord time to repair

PG 34 graph

Question 26

actual and constructive eviction

Answer 26

actually evicted = If a lessee is actually evicted from part of the premises, under the majority rule, the lessee is relieved of all liability even if remains

To assert a claim of constructive eviction for brea, the lessee must move out of the premises.
◦ To constitute constructive eviction, the lessor’s act must substantially and permanently
interfere with the lessee’s use and enjoyment of the premises

If a lessee is constructively evicted from part of
the premises, under the majority rule, the lessee may receive a rent abatement but
is not relieved of all liability for rent.

Question 27

Caveat Lessee:

Answer 27

“Let the Tenant Beware.”
o The Landlord has no duty/obligation regarding the condition of the leasehold agreement.
o The Landlord's only obligation was to provide the legal right to possession to the premises (the
keys), regardless of the condition.
o The Tenant had to pay rent as long as the Tenant held the premises.

Question 28

premises liability

Answer 28

A lessor is not liable to lessee, or others on the premises with the consent of the lessee, for injuries
caused by a condition of the premises, except in the following situations.
o Undisclosed dangerous condition exists that is known or should have been known to the lessor
but is unknown to the lessee.
o A condition exists that is dangerous to persons outside of the premises.
o Premises leased for admission to the public.
o Parts of the land retained in the lessor’s control but are available for use by the lessee.
o Lessor has contracted to repair.
o Lessor has been negligent in making repairs

Question 29

lesses remedies

Answer 29

common law remains duties even of ll breached

some statutes withhold rent

breached for quiet enjoyment through constructive or actual eviction
-lease must vacate premises
-traditionally sue for damaged but could not withhold
rent and terminate
- now could

warrant of habitually
sue for damages need not vacate
-tenant must show defect whether patent or latent
-residential not commercial
-common law uninhabitable for a reasonable person
-housing codes
- need notice of defect and reasonable time to repair

remedies for warrant of habitat
-treat lease canceled no rent
- money damages warranted value -premises received
pg 34 graph