Landlord and Tenant Flashcards
Tenancy for Years
Measured by a fixed and ascertainable amount of time.
Periodic Tenancy
A repetitive, ongoing estate measured by a set period but with no predetermined termination date. It automatically renews until valid termination notice.
Tenancy at Will
A leasehold estate that does not have a specific term and continues as long as the landlord and the tenant desire.
Contractual Duty to Repair
(nonresidential lease)
If the lease specifies that the tenant must “repair and maintain” the property, then the tenant is generally liable for all damage to the property, unless the landlord caused the damage or if the damage is so substantial it would not have applied under the common law.
Future rents
The landlord is not entitled to damages with respect to future rents that would have been due under the lease.
Implied Warranty of Habitability
Requires the landlord to maintain the property such that it is reasonably suited for residential use.
Covenant of Quiet Enjoyment
Every lease (both commercial and residential) is a promise by the landlord not to interfere with the tenant’s possession of the leased premises.
Any actions by the landlord that breach this covenant may amount to an actual or constructive eviction of the tenant.
Constructive eviction
The tenant’s obligation to pay rent is excused only if the tenant gives notice and adequate time to permit the landlord to fulfill his duty and vacates the property within a reasonable amount of time.
Tort Liabilities
Under common law, landlord is responsible for injuries occurring only in common and public areas or in non-common areas under the landlord’s control, or those occurring as a result of a hidden defect or faulty repair completed by the landlord or agent.
The modern trend is to hold landlords to a general duty of reasonable care.
Assignee’s Rights and Liabilities
An assignee is in privity of estate with the landlord, and thus he is liable to the landlord for rent and any other covenants running with the lease.
Sublessee’s Rights and Liabilities
The sublessee is not liable to the landlord for rent or any other covenants, but he is liable to the lessee. However, if he expressly assumes the rent, then he becomes personally liable to the landlord.
Original Tenant’s Rights and Liabilites
Because the original tenant is still in privity of contract with the landlord, he remains liable for all the covenants in the lease for the duration of the lease, unless the landlord relieves him through release or novation.
