Landlord and Tenant Law Flashcards
4 leasehold estates
A leasehold is an estate and land, under which the tenant has a present possessory interest in the least premises, and the landlord has a future interest (reversion). There are four lease hold Estates:
The tenancy for years
The periodic tenancy
The tenancy at will
The tenancy at sufferance
Tenancy for years - generally
This lease, also known as the estate for years or term of years, is for a fixed determined period of time. That period could be, for example, as short as one week or as long as 50 years.
Watch for a termination date. Whenever you know the termination date from the start, you have a tenancy for years.
Tenancy for years - termination
A tenancy for years ends automatically at its termination date. No notice is needed to terminate a term of years.
Tenancy for years - termination - termination upon breach of lease covenant
In most leases, the landlord reserves a right of entry, which allows them to terminate the lease if the tenant breaches any of the leases covenants. 
Tenancy for years - termination - termination upon breach of lease covenant - failure to pay rent
In many jurisdictions, a landlord may by statute terminate the lease upon the tenants failure to pay the promised rent, even in the absence of a reserved right of entry. 
Tenancy for years - termination - termination upon Landlord’s acceptance of tenant’s surrender
A tendency for years may also terminate if the tenant surrender the tenancy and the landlord accepts. The same formalities required for creation of the leasehold are required for surrender. For example, if the unexpired term exceeds one year, surrender must be in writing.
Tenancy for years - writing
Tendencies for years are usually created by written leases. A term of years greater than one year must be in writing to be in enforceable as required by the statute of frauds
Periodic tenancy - generally
A periodic tenancy is a lease which continues for successive intervals, like month-to-month, until either the landlord, or the tenant gives proper notice of termination. Thus, one of the hallmarks of the periodic tenancy is that it is continuous until properly terminated.
Periodic tenancy - creation - express
The periodic tenancy can be created expressly. For example, conveying, month-to-month or year to year or week to week. 
Periodic tenancy - creation - by implication/operation of law
The periodic tendency can also arise by implication, in any one of three ways:
Land is leased with no mention of duration, but provision is made for the payment of rent at set intervals.
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 elect to hold over a tenant who has wrongfully stayed on past the conclusion of the originally, an implied, periodic tenancy arises measured by the way rent is now tendered.
Periodic tenancy - termination
Notice, usually written, must be given. Remember this is because a periodic tenancy is automatically renewed until proper notice of termination is given. 
Periodic tenancy - termination - notice needed
At Common law, notice must be at least equal to the length of the period itself, unless otherwise agreed. Usually the notice must also be timed to terminate the lease at the end of the period. For example, the usual month-to-month tenancy can end only on the 30th or 31st, not the 15th.
In a month-to-month periodic tenancy, one month notice is required. In a week to week periodic tenancy one weeks notice is required. And a tendency that is year to year or greater, six months notice is required at Common law, but one month notice is required under the restatement and preferred on the bar. 
Tenancy at will - generally
This is a tenancy of no fixed period of duration. It is terminable at the will of either the landlord or the tenant. An example is that the landlord conveys two tenant for as long as the landlord or tenant desires.
Tenancy at will - creation
Generally, a tendency, it will must be created by an express agreement that the lease can be terminated at any time. Unless the parties expressly agreed to attend as well, the payment of regular rent will cause a court to treat the tendency as an implied periodic tenancy. If the lease gives only the landlord, the right determinate, a similar right will be implied in favor of the tenant. However, if only the tenant has the right to terminate, a similar right will not be implied in favor of the landlord. 
Tenancy at will - termination
In theory, a tenancy, it will can be terminated by either party at any time. But today, and most states notice, and a reasonable time to vacate a required to terminate a tendency it will. Alternatively, a tendency it will can be terminated by operation of law, for example, due to death or commission of waste.
Tenancy at sufferance - creation
A tendency at sufferance is created when a tenant wrongfully holds over, meaning they remain in possession, pass the expiration of the lease. In such cases, we give this wrongdoer a leasehold estate to permit the landlord to recover rent.
Tenancy at sufferance - termination
The tenancy at suffering is short-lived. It last only until the landlord either fixed the tenant or elect to hold the tenant to a new tenancy. No notice of termination is required.
Hold-over doctrine - generally
If a tenant continues in possession after the right two possess has ended, the landlord may either evict the tenant or buying the tenant to a new periodic tenancy. The length of the new tenancy generally depends on the way the rent was computed under the lease that has ended. if the rent was computed on a monthly basis, the election creates a month-to-month periodic tenancy. Rent is computed, the maximum tenancy that can be created by the election to hold the tenant to another term is a year to year tenancy. The various promises made by the landlord and the tenant and the original leaves become part of the tenancy for the additional term.
Hold-over doctrine - commercial tenants
Commercial tenants may be held to a new year-to-year periodic tenancy if the original lease term was for one year or more. Well, technically, the length of the new tenancy is based off the way rent was computed, if the original term was less than one year, the new tenancy is typically a month-to-month tenancy.
Hold-over doctrine - residential tenants
Residential tenants, however, are generally held to a new month-to-month Tennessee, regardless of their original term. If the landlord notifies the tenant before the lease expires that occupancy after the termination will be at an increased rent, the tenant by holding over is held to have acquiesced to the new term, even if the tenant actually objects to the new terms. Holding over equals assent.
Leases - dependence of lease covenants
A common law, covenant in the lease were independent. That is, if one party breached a covenant such as the promised to pay rent or to repair the premises, the other party could recover damages for that breach, but the landlord-tenant relationship persisted and the least endured. By contrast,today is the landlord can terminate the lease for nonpayment of rent, and the tenant can terminate the lease when the landlord breaches the covenant of quiet and enjoyment or the implied warranty of habitability.
Leases - options to purchase - generally
Options to purchase are sometimes attached to leases. An option to purchase real property is a separate contract, supported by consideration that is a continuing offer to sell the land at a specified price. As long as the option is contained within lease itself, the consideration for the lease supports the option. Because it is an interest in land, an option must be evidenced by assigned writing to satisfy the statue of frauds.
Leases - options to purchase - exercise of option
Absent a contrary, provision, the option last as long as the lease. The method of exercise is determined by the agreement. Generally, the party granting the option may keep the consideration, regardless of whether the option is exercised. The consideration is for the continuing offer, and not money for the purchase.
Leases - options to purchase - enforcement
Although the rule against perpetuity is 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 the rule. The usual remedy for enforcement of an option to purchase a specific performance, damages are also available. 
Hold-over doctrine - exceptions
Watch for situations where:
The tenant remains in possession for only a few hours after termination or leaves a few articles of personal property
Or
The delay is not the tenants fault. For example, severe illness.
In such cases, the landlord cannot bind the tenant to a new tenancy. 
