Landlord and tenant Flashcards
What is a tenancy for years?
- Lease for fixed period of time
- No notice needed to terminate
- If longer than 1 year, SoF requires writing
(a) if no writing, creates periodic tenancy
What is a periodic tenancy?
- Lease which continues for successive intervals until L or T gives proper notice to terminate
- Can be created expressly
- Can be created impliedly
(a) land leased with no mention of duration, but provision made for payment of rent at set intervals
(b) oral term of years in violation of SoF creates implied periodic tenancy measured by way rent tendered
(c) in residential lease, if L elects to holdover T who wrongfully stayed on past original lease
How do i terminate a periodic tenancy?
- Notice, usually written, must be given
- Notice must be at least equal to length of period itself (if 1 year or greater, 6 months)
- Periodic tenancy must end at conclusion of natural lease period
What is a tenancy at will?
- No fixed duration
- Unless parties expressly agree to tenancy at will, payment of regular rent will cause court to treat as implied periodic tenancy
- May be terminated by either party at any time; reasonable demand to vacate usually required
NY: L must give 30 days written notice
What is a tenancy at sufferance?
- Created when T wrongfully heldover past expiration of lease
- Give wrongdoer leasehold estate so L can recover rent
- Lasts until L evicts T or holds him to new tenancy
NY: L’s acceptance of rent subsequent to expiration of term creates implied month-to-month periodic tenancy, unless otherwise agreed
What is the tenant’s liability to third parties?
- Responsible for keeping premises in reasonably good repair
- Liable for injuries sustained by third parties T invited, even where L promised to make all repairs
What is the tenant’s duty to repair when the lease is silent?
- Must maintain premises and make ordinary repairs
- Must not commit waste
- Must not remove fixture (voluntary waste)
What is a fixture?
Once-moveable chattel that, but virtue of annexation to realty, objectively shows intent to permanently improve the realty
FIXTURES PASS WITH OWNERSHIP OF LAND
When can T remove a chattel?
- Any agreement between L and T is binding
- T may remove chattel T installed if removal does not cause substantial harm to premises
(a) if it would: fixture
What is the duty to repair when expressly covenanted to maintain property for duration of the lease?
- CL: T liable for any loss including loss due to force of nature
- Majority: T may terminate lease when premises destroyed without T fault
- NY: absent T’s express undertaking to contrary, T may quit premises and surrender possession without any further duty to pay rent if premises destroyed
What if tenant breaches duty to pay rent while in possession?
- L can evict through courts (still entitled to rent on tenancy at sufferance until vacated)
- L can continue relationship and sue for rent due
- CANNOT SELF HELP
NY: self-help flatly prohibited and entitles T to treble damages
What is the landlord’s duty to deliver possession?
- English/majority rule: L must put T in physical possession of premises; if holdover in possession, L breached, T gets damages
- US/minority rule: L must put T only in legal possession
What is the implied covenant of quiet possession?
- Applies to commercial and residential leases
- T has right to quiet use and possession of premises without interference from L
- Breaches:
(a) wrongful eviction
(b) constructive eviction if: substantial interference by L, notice to L, and T vacates within reasonable time of L’s failure to fix
When is the landlord liable for acts of other tenants?
- Generally: not
- L must not permit nuisance on premises
- L must control common areas
What is the implied warranty of habitability?
- Applies only to residential leases
- Premises must be fit for basic human dwelling
- Appropriate standard may be from housing code or court conclusion
- NON-WAIVABLE
