Final Leasehold Estates Flashcards
what is a term of years in a lease?
where the duration is a known fixed period
what is the notice of termination for a term of years lease?
none
what is a periodic tenancy?
a lease that automatically renews for successive periods of fixed duration unless notice of termination is given
what is the notice of termination for a year to year in a periodic tenancy?
CL requires 6 months notice
what is the notice of termination for a period that is less than a year in a periodic tenancy?
equal to that period
when must the lease terminate in a periodic tenancy?
on the last day of the period
what is the termination notice for a week to week periodic tenancy?
one week’s notice and the tenancy cannot terminate until the last day of the period
what is a tenancy at will?
a lease that has a duration so long as the landlord and tenant desire
what is the notice of termination for a tenancy at will?
in CL, it’s terminable by either party without notice and some modern statutes require a period of notice
what happens if either party dies during a tenancy at will?
the lease terminates
what is a tenancy at sufferance?
when a tenant remains in possession after the termination of the lease
what are the landlord’s option in a tenancy at sufferance?
1) evict tenant
2) consent to hold over
under the Fair Housing Act, what is it unlawful to discriminate against?
1) race
2) color
3) religion
4) sex
5) familial status
6) national origin
7) handicaps
under the Fair Housing Act, can someone discriminate in a notice or ad?
NO
when is a landlord or seller allowed to turn down offers?
1) a single family owns more than 3 dwellings
2) a single family didn’t use a broker
3) if they did not advertise anything discriminatory
4) in units with 4 family units, the owner maintains or occupies one of the units
5) housing with seniors can discriminate against renting to families with children
6) religious organizations
who is in privity of a contract of a lease?
parties to the lease
who is privity of an estate in a lease?
those who have shared interest in land
what is the privity of the LL and T1 in an assignment?
just privity of contract
what is the privity of Tenant 1 and Tenant 2 in an assignment?
privity of contract and estate
what is the privity of LL and T2 in an assignment ?
just privity of estate
what is the privity of LL and T1 in a sublease?
privity of contract and estate
what is the privity of T1 and T2 in a sublease?
privity of contract and estate
what is the privity of LL and T2 in a sublease?
nothing
when is self-help eviction appropriate under CL?
when the LL is entitled to possession and the landlord entry is peaceful
when is self-help eviction appropriate under the modern trend?
LL must use summary proceedings (BERG v. WILEY)
under CL what is the LL’s duty to mitigate?
none
under modern trend, what is the LL’s duty to mitigate?
the LL is required to make a “reasonable effort” to mitigate damages by re-letting the premises (SOMMER v. KRIDEL)
under modern trend, if the Tenant just stops paying rent and vacates the premises, does the LL have a duty to mitigate?
YES and would be entitled to the remaining rent minus the amount he could have reasonably re-rented the apartment
what does tenant abandonment mean?
that the tenant surrendered the property
what can the LL do if the T abandons the lease?
1) Terminate the lease (BERG v. WILEY)
2) Relet the property while holding the tenant liable for deficiency
3) do nothing and collect rent as it becomes do (NY) (see duty to mitigate SOMMER v. KRIDEL)
4) contract damages for anticipatory breach
is covenant by quiet enjoyment implied in every lease?
YES
what does the LL have the duty to refrain from under a covenant of quiet enjoyment?
actual or constructive eviction
what is the covenant of quiet enjoyment?
an affirmative act of the LL or LL’s failure to provide something essential that they had a duty to provide that substantially interferes with the tenant’s use and beneficial enjoyment of the premises.
what must a Tenant prove for constructive eviction?
that the LL breached the covenant of quiet enjoyment and that they vacated within a reasonable period of time (reasonable depends on the circumstances of the case)
does the tenant need to give notice for a constructive eviction?
NO if she can prove that the premises was not habitable.
in residential leases, what is required of the LL in an implied warranty of habitability?
the LL is required to deliver and maintain, throughout the period of tenancy a SAFE and HABITABLE premises
In residential leases what is the responsibility of the tenant in an implied warranty of habitability?
to notify the LL of the poor condition
under the implied warranty of habitability when is the tenant permitted to breach the contract?
1) when the LL has notice and fails to correct within a reasonable time
2) the premises is uninhabitable in the eyes of a reasonable person
what are the remedies for a violation of an implied warranty of habitability
1) the tenant can remain in possession and continue to pay rent and sue for reimbursement and damages (HILDER v. St. Peter)
2) the tenant can remain in possession and withhold rent
3) the tenant can terminate the lease and sue for reimbursement and damages
4) the tenant can repair and deduct it from the rent