Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property > Landlord and Tenant Law > Flashcards

Landlord and Tenant Law Flashcards

1
Q

THE FOUR LEASEHOLD OR NONFREEHOLD ESTATES

A
  • A leasehold is an estate in land, where tenant has a present possessory interest in leased premises & LL has a future interest (reversion).
  • 4 leasehold estates:
  • The tenancy for years
  • The periodic tenancy
  • The tenancy at will
  • The tenancy at sufferance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

THE TENANCY FOR YEARS

A
  • For a fixed, determined period of time.
  • That period could be as short as 1 week /as long as 50 years.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

tip:

A

Watch for a termination date. Whenever you know
the termination date from the start, you have a tenancy for years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Tenancy for Years: Termination

A
  • A tenancy for years ends automatically at its termination date.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Tenancy in Years: Termination upon Breach of Lease Covenant

A
  • In most leases, LL reserves right of entry (allows lease termination if tenant breaches any of lease’s covenants)

Failure to Pay Rent
- LL may, by statute, terminate lease upon tenant’s failure to pay —even w/o reserved right of entry.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Tenancy in Years: Termination upon Landlord’s Acceptance of Tenant’s Surrender

A
  • Tenancy for years may also terminate if tenant surrenders tenancy & LL accepts.
  • The same formalities required for creation of the leasehold (see below) are required for surrender (ex. if the unexpired term exceeds one year, surrender must be in writing).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Tenancy for Years: Writing

A
  • Tenancies for years are usually created by written leases.
  • A term of years greater than one year must be in writing to be enforceable.
  • This is required by SOFs.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

THE PERIODIC TENANCY

A
  • A periodic tenancy is a lease which continues for successive intervals (ex. month to month) until either LL/tenant gives proper notice of termination.
  • Periodic tenancy is continuous until properly terminated.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Periodic Tenancy: Creation

A

Express
- The periodic tenancy can be created expressly.
-Ex. Rihanna conveys to Olivia from “month to month” or from “year to year” or from “week to week.”

By Implication/Operation of Law
- The periodic tenancy can also arise by implication, in any one of 3 ways:
(1) Land is leased with no mention of duration, but provision is made for payment of rent in intervals
(2) An oral term of years in violation of SOFs creates an implied periodic tenancy, measured by way rent is tendered.
(3) In a residential lease, if LL elects to hold over a tenant who wrongfully stayed past end of original lease, an implied periodic tenancy arises measured by way rent is now tendered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Periodic Tenancy: Termination

A
  • Notice, usually written, must be given.
  • B/c a periodic tenancy is automatically renewed until proper notice of termination is given.
  • At CL, notice must be at least equal to length of period itself, unless otherwise agreed.
  • Usually, notice must be timed to terminate lease at end of period (ex. the usual month-to-month tenancy can end only on the 30th or 31st, not the 15th).
  • Note: By private agreement, parties may lengthen/ shorten CL notice provisions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

THE TENANCY AT WILL

A
  • No fixed period of duration–terminable at will of LL/tenant.
  • Ex. “To T for as long as L or T desires.”
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Tenancy at Will: Creation

A
  • TAW must be created by an express agreement that lease can be terminated at any time.
  • Unless parties expressly agree to TAW, tenancy will be treated as an implied periodic tenancy.
  • If lease gives only LL right to terminate, a similar right will be implied for tenant.
  • If only tenant has right to terminate, a similar right will not be implied for LL
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Tenancy at Will: Termination

A
  • In theory, a tenancy at will can be terminated by either party at any time.
  • But, in most states, notice & reasonable time to vacate are required to terminate TAW.
  • TAW can be terminated by operation of law (ex. due to death/commission of waste).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

THE TENANCY AT SUFFERANCE: Creation

A
  • A tenancy at sufferance is created when tenant wrongfully holds over (remain in possession past expiration of the lease.)
  • Wrongdoer gets a leasehold estate (TAS) to permit LL to recover rent.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Tenancy at Sufferance: Termination

A
  • The tenancy at sufferance is short-lived.
  • Lasts only until LL either evicts tenant/elects to hold tenant to new tenancy.
  • No notice of termination is required.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

THE HOLD-OVER DOCTRINE

A

If a tenant continues in possession after right to possession has ended, LL may:
(1) evict tenant, or
(2) bind tenant to new periodic tenancy.
- Length of new tenancy depends on the way rent was computed under the lease that has ended.
- If rent was computed on a monthly basis, election creates a month-to-month periodic tenancy.
- If rent was computed on a quarterly basis though payable monthly, a quarter-to-quarter periodic tenancy is created, and if computed on an annual basis payable monthly, a year-to-year periodic tenancy is created.
- No matter how rent is computed, the max tenancy that can be created by holding tenant to another term is a year-to-year tenancy.
- The various promises made by LL & tenant in the original lease become part of the tenancy for the additional term.

17
Q

Holdover Doctrine: New Tenancy - Commercial Tenants

A
  • Commercial tenants may be held to a new year-to-year periodic tenancy if original lease term was for one year/more.
  • If original term was <1 year, new tenancy is typically a month-to-month tenancy.
18
Q

Residential Tenants

A
  • Residential tenants are generally held to a new month-to-month tenancy, regardless of original term.
  • If LL notifies tenant b/f lease expires that occupancy after termination will be at an increased rent, tenant, by holding over, is held to have acquiesced to the new terms (even if the tenant actually objected to the new terms).
  • Holding over equals assent.
19
Q

Tip

A
  • There are exceptions to the hold-over doctrine.
  • Watch for situations where:
    (1) the tenant remains in possession for only a few hours after termination/leaves a few articles of personal property or
    (2) the delay is not the tenant’s fault (ex. severe illness).
  • In such cases, the landlord cannot bind the tenant to a new tenancy
20
Q

LEASES

A

A lease is a K that governs LL-tenant relationships.

21
Q

Dependence of Lease Covenants

A
  • At CL, if one party breached a covenant, other party could recover damages but LL-tenant relationship persisted & lease endured.
  • Today, LL can terminate lease for nonpayment of rent, & tenant can terminate lease when LL breaches the covenant of QE/ IWH.
22
Q

Options to Purchase

A
  • Options to purchase are sometimes attached to leases.
  • An option to purchase real property is a separate K
    supported by consideration that is a continuing offer to sell the land at a specified price.
  • As long as the option is contained within the lease itself, consideration for the lease supports the option.
  • B/c it is an interest in land, an option must be evidenced by a signed writing to satisfy SOF
23
Q

Options to Purchase: Exercise of Option

A
  • Absent a contrary provision, option lasts as long as the lease.
  • Method of exercise is determined by the agreement.
  • Generally, party granting option may keep consideration regardless of whether option is exercised
24
Q

Options to Purchase: Enforcement

A
  • Although Rule Against Perpetuities applies to options, there is an exception for options attached to leases; so an option to purchase in a lease is enforceable even if it would otherwise violate RAP
  • Usual remedy for enforcement of an option to purchase is specific performance, but damages are also available

Property (20 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions