Landlord and Tenant Flashcards
Tenancy for years
- for any fixed period of time
- created by an expressed agreement
- if the term is for longer than one year it must satisfy the statute of frauds
- generally it is terminated at the end of the term automatically and without notice however a residential tenancy for years may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the agreement
- may require tenant to notify landlord within a specified period no more than 60 days before the end of expiration so long as landlord is also subject to the notice requirement. Tenant maybe liable for liquidated damages for failure to give notice as long as the landlord provided written notice specifying the tenants obligations fees penalties and other charges within 15 days before the start of the stated notification.
Periodic tenancy
- repetitive ongoing estate by set periods of time with no predetermined termination date
- automatically renews at end of each period Unless valid termination
- in Florida a nonresidential periodic tenancy is a tenancy at will
- Statute of frauds does not apply
- created by express agreement implication or operation of law
- termination notice must be given, in Florida the notice periods for periodic tenancy are as follows:
- year to year tenancy 60 days for residential three months for nonresidential
- quarter to quarter tenancy 30 days residential 45 days nonresidential
- month-to-month see 15 days residential and nonresidential
- week to wk. tenancy seven days residential and nonresidential
Tenancy at will
- no specific term
- continues until terminated by landlord or tenant
- created by express agreement or implication
- maybe terminated by either party at anytime but a reasonable demand to vacate is usually required
- Florida considers all nonresidential leases to be tenancies at will unless the lease is in writing and signed by the landlord
Tenancy at sufferance or hold over tenancy
- tenant wrongfully remains in possession after the expiration of the lease
- tenant is bound by the terms of the lease that existed before expiration including the payment of rent
- Tennessee lasts until the tenant vacates, the landlord evicts tenant, or landlord elects to hold tenant to a periodic tenancy
Duties of tenant
- duty to pay rent unless the premises is destroyed (lease is terminated and T excused) or material breach by the landlord
- in Florida residential tenant has the right to terminate the rental agreement when tenants enjoyment of the premises has been substantially impaired by the casualty
- if there is a partial destruction of the premises, the residential tenant may vacate the part of the premises that has rendered unusable and tenants liability for rent is reduced by fair rental value of the parts destroyed
- duty to avoid waste
- duty to repair
Tenants duty to avoid waste
Affirmative waste- tenant is prohibited from committing voluntary waste
Ameliorative waste - tenant may make changes to the physical condition of the property that increase the property value if reasonably necessary for tenant to use the property in a reasonable manner unless landlord and tenant agree otherwise
Permissive waste- unless relieved by lease statute or ordinance the tenant has a duty to repair the premises to keep it and it’s pre-rental condition. The tenant has no duty to repair normal wear and tear unless the landlord and tenant agree otherwise
-under Florida law to residential tenants duties include complying the building and health codes, codes keeping the leased premises clean and sanitary, removing all garbage from the premises, and keeping all plumbing fixtures clean and sanitary
Tenant’s duty to repair
When an NONRESIDENTIAL lease places the obligation for repair and maintenance on the landlord and landlord fails to maintain the premises, the tenant may withhold rent if
1) tenant provided notice
2) repairs were not completed within 20 days
3) the premises are wholly untenantable
4) then tenant may abandon the premises retain the amount of rent withheld
5) terminate the lease and avoid any liability for future rents or charges under the lease
Landlords remedies for tenants breach
- it’s a residential tenant is noncompliant with the lease provision, the landlord must give the tenant an opportunity to cure within seven days, if noncompliance cannot be cured L may terminate the lease and give T 7 days to vacate
- if T fails to pay rent, L can sue for damages and evict
- if residential T fails to pay rent, L must make written demand for T tp pay or vacate within three days
- nonresidential T fails to pay rent, L may file action to recover possession of the property, but if they’ll accepts full amount of rent past due, then L waves his right to evict T for nonpayment of rent - abandonment-landlord can retake premises if tenant abandons that landlord must mitigate damages by renting a premises and tenant will be liable for deficiency.
- abandonment presumption - if landlord does not have actual knowledge of abandonment there is a presumption that the residential tenant has abandoned the premises if the tenant is absent from the premises for a period of time equal to one half the time for periodic rental payments but the presumption will not apply if rent is current or the tenants notify the landlord in writing of any intended absence
- if tenant is a holdover tenant the landlord can accept holdover tenant as a periodic tenant or a tenant at sufferance or Sue after notice to vacate. In Florida the landlord cannot use self-help he may file an action for possession against holdover tenant; he can collect double the rent for the time during which the tenant holds over
Duties of the landlord (5 total)
- landlord must deliver actual physical possession of the premises to the tenant or there is no obligation for tenants to pay rent
- landlord is required to repair the premises for residential leases except for damage caused by the tenant
- residential leases include warranty of habitability which means that the premises must be fit for basic human habitation. A residential landlord in Florida has a duty to repair The property the duty to repair maybe alter modified and writing in a single-family home or duplex lease but not in leases for multifamily housing
- for residential leases and multi family dwellings unless otherwise agreed in writing that the landlord must provide extermination of certain pests, locks and keys, garbage removal and outside garbage receptacles, clean and safe common areas, heat running water and hot water.
- if the residential landlord does not comply with these duties the tenant must give written notice of allowing the landlord seven days to cure noncompliance
- if a warranty of habitability is breached tenant must notify landlord of the defect, give a reasonable time to repair, and only then refused to pay rent, make reasonable repairs himself and the deduct cost from future rent, or remain in possession pay rent and seek damages - Covenant of quiet enjoyment
- Tenant has a right to quiet to use and enjoyment of the premises without interference from the landlord
- landlord has a duty to control other tenants nuisance and common areas
- if landlord breaches of the covenant of quiet enjoyment that amounts to an actual or constructive eviction of the tenant
- ACTUAL - if landlord removes tenant from the premises in total eviction terminates the lease and ends tenants obligation to pay rent
- PARTIAL- if tenant is prevented from possessing or using a portion of the premises and tenants may seek relief for partial actual eviction tenant is excused from paying rent for the entire premises partial eviction occurs
- CONSTRUCTIVE-occurs when there is a substantial interference caused by the landlord actions or failure to act the tenant must give notice of the problem if the landlord fails to respond the tenant must vacate the premises within a reasonable time after landlord fails to fix the problem - security deposit residential landlord has 15 days to return deposit money or 30 days to provide a written notice of the claim on the deposit; the tenant has 15 days to object
Landlord retaliation against tenant
A residential landlord may not retaliate against tenant by increasing rent, decreasing services, bringing or threatening to bring an action for possession against a tenant, who in good faith
- Report a housing code violations
- Participates in the tenant organization
- complains about landlords failure to comply with the lease
- paying condo fees owed by landlord
- Exercising tenants rights under fair housing laws
Tort liabilities
- tenant has a duty of care to invitees licensees foreseeable trespassers and maybe liable for dangerous conditions and activities
- landlord is liable for injuries in common or public areas, non-common areas under the landlords control, or from hidden defects faulty repairs by the landlord or landlords agent
The modern trend is to hold landlords to a general duty of reasonable care this means that a lender maybe liable for
1.existing defects prior to the tenants occupation of the premises - failure to make repairs required by housing code
- and criminal activity of third persons who injured tenants
Assignment
A complete transfer of the tenants remaining lease term
an assignee tenant is liable to landlord for rent and covenants running with the lease because he is in privity of the state with the landlord
Sublease
Any transfer for less than the entire duration of the lease
-a sub lease tenant is not liable for rent and covenants to the landlord because he’s not in privity of the state or privity of contract with the landlord but he is still liable to the original lessee
Sublease tenant can’t force all covenants made by the original lessee in the sublease but not any made by the landlord
If sublease tenant expressly assumes covenants then he’s personally liable to the landlord
orignal tenant
The original landlord is liable for lease covenants unless there’s an novation by the landlord
Board assignments landlord assignments
Landlord can assign lease rights to a third-party, but the landlord remains liable to the tenant for all covenants in the lease
-tenant must pay rent to the assignee landlord and obey lease covenants. the assignee L must perform any burden imposed by lease covenant
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