Landlord and Tenant Flashcards
1
Q
Types of Lease Tenancies
A
- Tenancy at will
- Tenancy for years
- Tenancy at suffrance
- Periodic tenancy
- (definitions, other on separate cards)
2
Q
Tenancy for years
A
- Measured by a fixed & ascertainable amount of time
- To create, must have agreement b/w LL & T, must show intent to create TFY
- If longer than 1 year, must be in writing to satisfy SOF
- Termination:
- Auto terminates at end of period; no notice required unless LL requires it
- Before term is over, T can surrender the lease
- Also terminates before end of term if LL or T commits material breach of lease
3
Q
Periodic Tenancy
A
- Estate that is repetitive and ongoing for a set period of time (i.e. month-to-month)
- Parties must intend to create periodic tenancy, demonstrated by written lease or implied by rent pymt
- Renews automatically at the end of each period until one party gives notice of termination
- Terminating party must give notice before start of last period, terminates at the end of that period
4
Q
Tenancy at Will
A
- Lease can be terminated at any time by LL or T, for any reason
- Can be created by express agreement or by implication
- Termination can happen at any time, without notice
- If only LL given right to term in lease, T automatically gets right also
- If only T gets right to term, LL has no right to term without notice
- Terminates if either LL or T die (not so with other tenancies)
5
Q
Tenancy at Suffrance
A
- Created when tenant holds over after lease ends; temporary tenancy that exists before LL evicts or re-rents to same tenant
- Created by actions of T alone; unlike Tenancy at Will, which is created by agreement
- 3 ways to terminate
- T leaves voluntarily
- LL evicts T
- LL re-rents to same T
- If LL accepts rent, it is assumed LL is accepting T as periodic tenant
- Original lease governs amount of rent, unless LL notified T prior to end of lease that rent would be increased; then LL can collect new amt.
6
Q
Tenant’s Duty to Pay Rent
A
- Arises under contractual obligation
- Duty is suspended in 3 instances
- Premises are destroyed (if T didn’t cause damages)
- LL completely or partially evicts T
- Depends on where T is removed from, all or portion of property
- LL materially breaches the lease
- Can also withhold rent if LL breaches implied warranty of habitability or implied covenant of quiet enjoyment
7
Q
Implied Covenant of Quiet Enjoyment
A
- The tenant can withhold rent when the landlord takes actions that make the premises wholly or substantially unsuitable for their intended purposes, and the tenant is constructively evicted
8
Q
Constructive Eviction - Elements
A
- Constructive eviction: 4 elements
- Premises unusable for intended purpose
- Tenant notifies LL of problem
LL does not correct the problem
Tenant vacates premises after reasonable amount of time has passed
9
Q
Implied Warranty of Habitability
A
- LL has obligation to maintain premises to be suitable for residential use - must remedy issues that threaten T’s health or safety
- T cannot waive this requirement
- LL’s failure to comply with housing codes constitutes breach
- Applies to residential leases only, not commercial
- If breached, T’s remedies:
- Withhold rent
- First must (1) Notify LL and (2) give LL reasonable opportunity to correct
- Remedy defect & offset cost in rent payment
- Defend against eviction
- Withhold rent
- Unlike ICQE, IWH does NOT require T to vacate
10
Q
Tenant’s Duty to Avoid Waste
A
- T has duty to avoid affirmative or permissive waste to premises
- Background duty; doesn’t have to be expressed
- Can do ameliorative waste if LL gives permission
- LL has duty to make repairs in residential lease IF issue not caused by T
- Commercial lease - LL can give T this duty
11
Q
Landlord’s duty to mitigate damages
A
- If T abandons premises early or is evicted, majority rule says LL must mitigate damages
- Reasonable efforts to re-rent
- Must treat as any other vacant stock, advertise, make available for viewing, etc.
- If LL does not, T does not have to pay addtl rent
- If LL mitigates, entitled to difference between orig. rent and new rent received
- LL does not have to accept unacceptable tenant
-
Minority rule: LL does not have to mitigate
- More common in commercial leases
12
Q
Landlord’s Duty to Deliver Premises
A
-
Majority Rule: LL must deliver actual possession of premises
- This means physical possession
- Minority Rule: LL must only deliver legal possession
13
Q
Landlord’s Duty to Maintain Premises
A
- LL cannot breach implied warranty of habitability or implied covenant of quiet enjoyment
- LL responsible for maintenance of common areas and nuisance-like behavior of other tenants
- LL does NOT have to control:
- Off-premises actions of third parties
- LL cannot evict T for complaining about conditions
14
Q
Landlord and Tenant Tort Liability
A
- Tenant:
- Owes duty of care to invitees, licensees, foreseeable trespassers
- LL responsible:
- In negligence for latent or hidden defects T is not aware of
- For faulty repairs, either by LL or LL’s agent
- For negligence that causes injury in common areas
15
Q
Basics of Landlord/Tenant transfers (assign/sublease)
A
- Parties:
- LL = transferor
- T = transferee/assignor
- Subsequent T = assignee
- Types:
- Assignment - complete transfer of T’s entire remaining term
- Sublease - transfer for less than entire duration of remaining lease
- Even if it’s 1 day left at the end, it’s a sublease
