Landlord and Tenant Flashcards
Elements of a Lease
- Names of the parties
- Location of the property/premises
- Duration of the term
- Rental amount
- Signatures of the parties
- SOF: Must have the signature of the party against whom enforcement is sought
- Some states require both parties to sign
Landlord and Tenant Relationship
The relationship between a landlord and tenant can create four kinds of estates. This relationship is typically governed by a contract, called the “lease” that contains covenants of the parties.
Types of Tenancies
- Term for Years (TFY)
- Periodic Tenancy (PT)
- Tenancy at Will (TW)
- Tenancy at Sufferance (TS)
Tenancy for Years (TFY)
Term
A tenancy for years is an estate measured by a fixed and ascertainable amount of time. It may be any length of time (e.g., one week, six months, one year, five years).
Tenancy for Years (TFY)
Creation
- A tenancy for years is created by an agreement between the landlord and the tenant.
- The Statute of Frauds applies to a tenancy for years that is longer than one year, and as a result, such agreements must be in writing.
- NC: must be in writing if exceed 3 years from the making thereof
- A lease subject to the Statute of Frauds is voidable until the tenant takes possession and the landlord accepts rent from the tenant.
Tenancy for Years (TFY)
Termination
- A tenancy for years typically terminates automatically upon the expiration of the term. No notice if required.
- Any right to renew the lease must be explicitly set out in the lease.
- Termination may also occur before the expiration of the term, such as when the tenant surrenders the leasehold (tenant offers and landlord accepts the return of the leasehold).
Tenancy for Years (TFY)
General Characteristics
- Tenancy is for a fixed duration that is agreed upon in advance.
- Once the term ends, the tenant’s possessor right automatically expire and the landlord may retake the property.
- Has a definite beginning and end date
- Can be of any duration; does not need to be an entire year.
- Unless Statute of Frauds requires writing, can be oral or written agreement
- Future Interest: Grantor (REV); Grantee (REM)
- Defeasible
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Termination:
- Under terms of the lease (end-date)
- Defeasible event occurs
- Tenant abandons property
- Mutual agreement to terminate the lease
- Condemnation
- Eminent Domain
Periodic Tenancy (PT)
Term
- A periodic tenancy is a repetitive, ongoing estate measured by a set period of time (e.g., month-to-month lease) but does not have a predetermined expiration date. A periodic tenancy automatically renews at the end of each period until one party gives valid termination notice.
- The Statute of Frauds does not apply to periodic tenancies because they are not for a fixed term.
Periodic Tenancy (PT)
Creation
- Express agreement
- Implication – the failure of an express agreement to mention a termination date
- Operation of law – a holdover tenant
Periodic Tenancy (PT)
Termination
- Because a periodic tenancy automatically renews, notice is generally required to terminate the periodic tenancy.
- Notice of termination must be given before the beginning of the intended last period of the periodic tenancy.
Example: A tenant who wants to terminate a month-to-month tenancy as of March 31st must give notice of the termination to the tenant before March 1st (one month notice).
Example: A tenant who wants to terminate a month-to-month tenancy that began on January 1st as of March 31st gave notice of the termination to the landlord on March 5th. The notice is effective to terminate the month-to-month tenancy as of the end of April.
- For a year-to-year periodic tenancy, notice must be given at least 6 months (rather than one year) in advance.
- A notice of termination is generally effective only as of the last day of the period (the end of the month for a month-to-month tenancy that began on the first day of the month).
Periodic Tenancy (PT)
General
- An open-ended leasehold that is indefinite until terminated by proper notice by either party
- Automatically renewed for successive periods unless the landlord or tenant terminates the tenancy by giving advance notice.
- Can be created expressly or by implication (usually implied)
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Termination
- Give proper notice as provided in lease
- Imply periods as provided by law if lease is silent on notice
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Holdover
- If orig. term was 1 year or more – New tenancy is implied as year to year.
- If orig. term was less than 1 year – New tenancy is based on how rent was reserved under TFY
Periodic Tenancy (PT)
Termination Periods
Periodic Tenancy (PT)
Notice Periods
Tenancy at Will (TW)
Term & Creation
- Term: A tenancy at will is a leasehold estate that does not have a specific term and continues until terminated by either the landlord or the tenant.
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Creation: A tenancy at will can be created by the express agreement of the parties or by implication if a person is allowed to occupy the premises, such as when the parties are negotiating a lease.
- NOTE: Unless this tenancy is expressly created, the payment of rent by the tenant converts a tenancy at will into a periodic tenancy.
Tenancy at Will (TW)
Termination
- At common law, a tenancy at will could be terminated by either party without advance notice, but the tenant had to be given a reasonable time in which to vacate the premises.
- By statute, most states now require that a party give advance notice in order to terminate a tenancy at will.
- A tenancy at will can also be terminated by operation of law upon the death of either party, because of waste or assignment by the tenant, or upon transfer or lease of the property to a third person by the landlord.
- If the agreement gives only the landlord the power to terminate at will, a reciprocal right of the tenant to terminate at will is implied. If the agreement gives only the tenant the right to terminate at will, the landlord is NOT given a similar right.
