Landlord and Tenant Law Flashcards
A tenancy for years is a tenancy for…
a fixed, determined period of time.
How does a tenancy for years terminate?
Automatically upon its termination date.
No notice required
A periodic tenancy is a lease which…
continues for successive intervals until either the landlord or the tenant gives proper notice of termination.
An oral term of years in violation of the Statute of Frauds creates…
an implied periodic tenancy, measured by the way rent is tendered.
In a residential lease, if a landlord elects to hold over a tenant who has wrongfully stayed on past the conclusion of the original lease, what will arise?
An implied periodic tenancy, measured by the way rent is tendered.
A tenancy at will is a tenancy of…
no fixed period or duration, it is terminable at the will of either the LL or tenant.
“To T for as long as L or T desires”
A tenancy at will must generally be created by…
an express agreement.
A tenancy at sufference is created when…
a tenant wrongfully holds over, meaning they remain in possession past the expiration date of the lease.
What is the purpose of a tenancy at sufferance?
To permit the landlord to recover rent.
If a tenant continues in possession after their right to possession has ended, the landlord may:
(1) evict the tenant; or
(2) bind the tenant to a new periodic tenancy.
A tenant’s primary duties are…
(1) to repair; and (2) to pay rent.
routine repairs other than ordinary wear & tear.
If a tenant is on the premises and fails to pay rent the landlord can…
move to evict through an unlawful detianer action.
a LL can NOT engage in self help.
Suppose a tenant wrongfully vacates with time left on a term of years lease. What are the landlord’s options?
- Surrender & end lease;
- Ignore the abandonment & hold tenant responsible until natural end of lease;
- Re-let the premises and hold wrongdoer tenant liable for deficiencies.
If an entire leasehold is taken by eminent domain, the tenant’s liabilty for rent is…
extinguished, because the leasehold and reversion have merged in the condemnor and there is no longer a leasehold estate.
Tenant is entitled to compensation.
If an condemnation/taking is temporay or partial, the tenant’s liability for rent is…
not discharged, but the tenant is entitled to a share of the condemnation award for the taking.
If a tenant uses premises for an illegal purpose, the landlord may…
terminate the lease or obtain damages and injunctive relief.
A landlord’s duties are…
- Duty to deliver possession;
2.
The implied covenant of quiet enjoyment provides that…
a tenant has a right to the quiet use and enjoyment of the premises without interference from the landlord.
Actual eviction occurs when…
a landlord wrongfully evicts (or excludes T from premises) without cause.
relives tenant of obligation to pay rent
A partial eviction occurs when…
the tenant is physically excluded by only part of the leased premises.
relives tenant of obligation to pay rent
Constructive eviction occurs when…
the landlord’s breach of duty renders the premises unsuitable for occupancy.
A tenant has a claim for constructive eviction if …
(1) Substantial interference (chronic or permanent due to L’s actions);
(2) Notice (T must notify L of problem);
(3) Goodbye (T must vacate).
A tenant who has been constructively evicted may…
terminate the lease and seek damages.
The implied warranty of habitability provides that….
the premises must be fit for human habitation.
No heat in winter; no running water; no plumbing.
