LANDLORD AND TENANT Flashcards
Tenancy for Years
measured by a fixed period of time
created by an express agreement
an agreement that creates a tenancy for more than one year must satisfy the Statute of Frauds
Tenancy for Years - Termination
Terminates automatically upon the end of the term
no notice is required
Termination is possible before the end of the term if either
i. the parties agree to the termination or ii. a party exercises the right to terminate due to breach of the lease
Tenancy for Years - Renewal
A right to renew must be expressly stated in the lease agreement
Periodic Tenancy
Repetitive and continuous leasehold measured by a fixed period
no expiration date
created by expressly agreement, implication, or operation of law
SOF does not apply
Periodic Tenancy - Termination
Automatically renewed so proper notice is required at least one period in advance
Under modern statutes, most states require that notice of termination be in writing and be given before the beginning of the intended last period of the periodic tenancy
Periodic Tenancy - Renewal
A periodic tenancy automatically renews at the end of each period until termination notice is given
Tenancy At Will
no specific duration
continues until either the landlord or tenant terminates the lease
created by express agreement or implication
Tenancy At Will - Termination
May be terminated at any time by either party
Majority of jx’s require reasonable notice and reasonable time to vacate
Termination may also occur by death or transfer
Tenancy At Will
Right to Terminate
If the lease agreement only gives the landlord the right to terminate at will, the same right is implied for the tenant.
If the lease agreement only gives the tenant the right to terminate at will, the same right is not given to the landlord
Tenancy at Sufferance
(Holdover Tenancy
occurs when a tenant wrongfully remains in possession after the tenancy expires
holdover tenant remains bound by the terms of the pre-existing lease and is still liable for rent
Tenancy at Sufferance - Termination
lasts until the tenant vacates the premises or the landlord evicts the tenant.
A landlord may terminate the tenancy at sufferance by creating a new periodic tenancy through notifying the tenant or accepting rent
Tenant Duties
Rent
Tenants have a duty to pay rent
If a tenant fails to perform this duty, the landlord may sue for damages and evict the tenant.
Payment of rent is a material term of the lease agreement, so late rent constitutes a material breach
Tenant Duties
Abandonment
At common law, if the tenant abandons the lease, the landlord may reclaim the property
Landlord has a duty to mitigate his damages by attempting to re-rent the property.
He may then hold the tenant liable for any difference in rent
Tenant Duties
Waste
Generally, a tenant must not damage the property and must repair any damages for which he is responsible
Affirmative Waste - may not cause voluntary waste
Ameliorative Waste - may make reasonably necessary physical alterations
Permissive Waste - tenant must repair property to preserve original condition; no duty to repair normal wear and tear
Landlord Duties
Possession
Under the majority rule a landlord has a duty to deliver actual and legal possession of the rental property, otherwise the tenant is not obligated to pay rent.
Under the minority rule, he must only deliver legal possession.
Landlord Duties
Repair
A landlord must repair damages to the rental property under residential leases
This duty does not apply to commercial leases or damages caused by the tenant
Warranty of Habitability
A landlord must maintain the property such that it meets health and safety standards and is suitable for human habitation.
The warranty of habitability generally cannot be expressly or impliedly waived by the tenant
only applies to residential leaseholds
Warranty of Habitability - Remedies
If breached, the tenant must notify the landlord and give reasonable time for repair
If failure to make repairs, tenant can
i. withhold rent
ii. make repairs and deduct cost from future rent or
iii. remain in possession and seek damages
Covenant of Quiet Enjoyment
A tenant is entitled to use and enjoyment of his property without interference from his landlord.
A landlord is also responsible for managing other tenants’ nuisances in common areas.
Breach of this covenant effectuates actual or constructive eviction
A landlord may not evict or retaliate against a residential tenant for reporting code violations or withholding rent due to the landlord’s breach of the covenant of quiet enjoyment
Actual Eviction
If a landlord prevents a tenant from accessing the property, the lease terminates, and the tenant is no longer obligated to pay rent
Constructive Eviction
If a landlord creates a condition that causes a substantial interference with the tenant’s quiet enjoyment, the tenant will no longer be obligated to pay rent if
- he provides notice of the condition
- the landlord fails to resolve the condition, and
- within a reasonable amount of time, the tenant vacates the property
Mitigation
A landlord has a duty to mitigate damages following a tenant’s breach.
A landlord also has a duty of due diligence to re-let the property.
A tenant will not be obligated to pay damages beyond costs incurred by a landlord’s reasonable effort.
Assignments
Unless a lease agreement states otherwise, a lease may be assigned freely.
An assignment completely transfers the remainder of the original tenant’s lease.
Assignee is in privity of estate with the landlord, original tenant remains in privity of contract
Assignee is responsible for rent and is liable for covenants running with the land
Assignor liable for rent if assignee does not pay
Sublease
Unless a lease agreement states otherwise, a lease may be subleased freely
A sublease is a transfer for less than the complete duration of the original tenant’s lease
Tenant remains both in privity of estate and contract with the landlord
Landlord can only collect rent from original tenant.
Assignments and Subleases
Limitations
A tenant may assign or sublease even if the lease agreement prohibits assignments or subleases.
Landlord may terminate the lease based on a breach of covenant and sue for damages
Landlord may only refuse an assignment or sublease based on reasonable grounds pertaining to the property.
If a landlord accepts rent from an assignee or sublease, he waives his right to enforce the prohibition and terminate the lease.
