Landlord And Tenant Flashcards
What are the four types of Estates that govern landlord – tenant relationships?
- Tenancy for years
- Periodic tenancy
- Tenancy at will
- Tenancy at Sufferance
What is a Tenancy for years?
How is it created?
How does it terminate?
- It is measured by fix and ascertainable amount of time.
- An agreement by the landlord and the tenant. Purpose is to demonstrate intent.
- Termination occurs automatically upon the expiration of the term.
Notice is not required to terminate.
What is a periodic tenancy?
How is it created?
How does it terminate?
- A estate that is repetitive and ongoing for a set period of time I.e. Month-to-month.
- Parties most intend to create a periodic tenancy.
- Renews automatically until proper notice is given.
- proper notice means the terminating party gives notice before the start of what will be the last month.
- notice is effective the last day of the period.
What is a tenancy at will?
How is it created?
How is it terminated?
- May be terminated by either landlord or tenant at anytime for any reason.
- Can be created by express agreement or by implication.
- Can be terminated by either party without notice.
• terminates if either party dies.
What is a tenancy at sufferance?
How is it created?
How does it terminate?
- when a tenant holds over after the lease has ended.
- created by actions of the tenant alone.
- Three ways to terminate:
• tenant voluntarily leaves
• The landlord evicted the tenant
• The landlord re-rents to the tenant
What are the tenants two duties?
- Pay Rent
2. Avoid waste
When is the duty to pay rent suspended?
3 situations
- The premises are destroyed, so long as the tenant didn’t cause the damage.
- The landlord completely or partially evicts the tenant.
- complete eviction: removal of tenant from the entire property.
- partial eviction: removal of tenant from a portion of the property.
- The landlord materially breaches the lease.
How does the landlord materially breach the lease?
2 situations
- Implied covenant of quiet enjoyment
•Constructive eviction
- Implied warranty of habitability
What can the tenant do when the implied covenant of quiet enjoyment is breached?
The tenant can withhold rent when the landlord takes actions that make the premises wholly or substantially unsuitable for their intended purpose, and the tenant is constructively evicted.
What are the four elements of constructive eviction?
- Premises were unusable for their intended purpose;
- The tenant notifies the landlord of the problem;
- The landlord does not correct the problem; and
- The tenant vacates the premises after a reasonable amount of time has passed.
What is the implied warranty of habitability?
The landlord has an obligation to maintain the property such that it is suitable for residential use.
Main focus is the condition that threaten tenants health and safety.
What are three background points on the implied warranty of habitability?
- The tenant cannot waive habitability protection.
- The landlords failure to comply with applicable housing codes constitutes a breach.
- Applies to residential properties, usually multi family building; not to commercial leases.
What may a tenant do if the premises are not habitable?
- Refuse to pay rent;
- Remedy the defect in offset cost against the rent; or
- Defend against eviction.
• if the tenant chooses to withhold rent, tenant must:
i. Notify the landlord of the problem; &
ii. Give the landlord a reasonable opportunity to correct the problem.
What duty does the tenant have to avoid waste?
Tenant has a duty not to commit affirmative (voluntary) waste or permissive (neglectful) waste.
• landlord usually requires permission before tenant can make a change (ameliorative waste).
What is the duty to repair?
In a residential lease, the landlord is presumed to be responsible for repairs. The tenant must notify the landlord of any needed repairs.
• The landlord is not responsible to make repairs caused by tenants actions.
What are the 5 landlords duties?
- Duty to mitigate damages
- Duty to deliver possession
- Control common areas
- Provide habitable premises
- Not retaliate by evicting the tenant due complaints about the conditions of the premises.
What is the majority rule for the duty to mitigate damages?
The landlord must make reasonable efforts to re-rent the property.
• The landlord does not have to except an unacceptable replacement tenant.
What is the minority rule to the duty to mitigate damages?
The landlord does not have to mitigate damages. The minority rule is more common in cases involving commercial leases.
What is the minority rule and majority rule for the duty to deliver possession?
- Majority rule: the landlord must deliver actual possession of the leasehold premises. This means physical possession of the property.
3, Minority rule: the landlord is only required to deliver legal possession.
What must the landlord control?
The landlord must control:
• common areas, such as a lobby, hallway, our laundry room
• Nuisance – like behaviors of other tenants
What duty does the tenants owe to invitees, licensees, and foreseeable trespassers?
Duty of care
What is the landlords liability to invitees, licensees, and foreseeable trespassers?
- responsible in negligence for latent (Hidden) defects about which the tenant has not been warned
- responsible for faulty repairs completed by the landlord or the landlords agent, negligently
- responsible for negligence that causes injury and common areas of the property
What is assignment?
A complete transfer of the tenant remaining term.
What is a sublease?
A transfer for less then the entire duration of the lease.
Who can a landlord collect rent from an assignment?
- The original tenant and
* The subsequent tenant
Who can the landlord collect rent from in a sublease?
The original tenant only
• sub tenant only has rent obligations to the original tenet
Can the landlord denied permission to a transfer of the lease?
What’s the minority rule and majority rule?
- Majority rule: a landlord may deny permission to a transfer only for a commercially reasonable reason.
- Minority rule a landlord may deny permission at her discretion which means for any reason or for no reason at all.
Can the landlord transferred their interest without notice to the tenant?
Yes
The new landlord is bound by the terms of the existing lease.
