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.
