Landlord and Tenants Flashcards
What are the four leasehold estates:
(1) tenancy for years; (2) periodic tenancy; (3) tenancy at will; (4) tenancy at sufferance
A tenancy for years:
- is set for a fixed, determined, period of time
- must be in writing if is for more than 1 year
- terminates automatically at the termination date
Periodic Tenancy:
- lease continues for successive intervals (month-to-month; year-to-year)
- it is continuous until properly terminated
How is an implied periodic tenancy created?
- Lease agreement doesn’t specify terms but provides for rent to paid at set intervals
- an oral lease for years creates an implied periodic tenancy measured by how rent is paid
- a residential holdover tenant creates implied periodic tenancy measured by how rent is paid
How is a periodic tenancy terminated?
Generally, written notice
- Month-to-month: requires 1 month notice
- week-to-week: requires 1 week notice
- Year-to-year: requires 6 months under common law approach or 1 month under modern restatement
The Tenancy at Will:
(1) tenancy with no fixed period of termination; and (2) provides it is freely terminable at the will of the landlord or tenant
Tenancy at sufferance:
created when a tenant wrongfully remains in possession past the expiration of a lease; only lasts until landlord evicts tenant or holds tenant to a new tenancy
What is the hold over doctrine?
If a tenant stays beyond termination of the lease period, the landlord may choose to either evict the tenant or hold the tenant to a periodic tenancy
How are the terms of a periodic tenancy for a holdover residential tenant determined?
(1) generally held to a new month to month tenancy
(2) the terms of the original lease become part of the new periodic tenancy; and
(3) if before the lease expired the landlord notified tenant of an increased rent, the tenant is held to the increased rent payment
Who may terminate a lease?
- Landlord can terminate for nonpayment of rent; and
- Tenant can terminate if landlord breaches covenants of quiet enjoyment or implied warranty of habitability
What are a tenants two primary duties?
(1) repair; and (2) pay rent
What are the tenant’s duty to repair when the lease is silent?
- maintain the premises (responsible for routine repairs, but doesn’t need to repair damage attributable to passage of time)
- not to commit voluntary, permissive, or ameliorative waste
What are a Tenants duty to repair when expressly made in the lease?
- a Residential tenant who covenants to repair is generally only held responsible to repair damage they cause; the landlord usually remains obligated to repair under implied warranty of habitability
- a commercial/ nonresidential tenant who covenants to repair will be obligated to make ordinary wear and tear repairs UNLESS the covenant excludes wear and tear repairs
What are a Tenant’s duty to pay rent who is in possession?
if a tenant on the premise refuses to pay rent the landlord can evict or continue the tenancy and sue the tenant for the amount due
What are the landlord’s rights when a tenant wrongfully vacates?
SIR (Surrender, Ignore and tenant responsible for unpaid rent ; or Relet the premise and hold the tenant in breach liable for deficiency
What is the affect of a condemnation of a leasehold?
- If the entire leasehold is taken tenant no longer has to pay rent and is entitled to compensation
- If the leasehold is taken for a temporary period then tenant must continue to pay rent but is entitled to compensation
What are the landlord’s duties?
(1) deliver possession to tenant; (2) implied covenant of quiet enjoyment; and (3) Implied warranty of habitability
What is the duty to deliver possession?
landlord puts tenant in physical possession of the leasehold on the beginning of the lease hold term (failure to delivery is a breach and tenant can get damages)
Implied Covenant of Quiet Enjoyment:
(1) Applies to residential and commercial leases; (2) provides T has a right to quiet use and enjoyment without interference from landlord or some paramount title holder; and (3) can be breached by actual eviction, partial eviction, or constructive eviction.
When does actual eviction occur?
landlord, paramount title holder, or holdover tenant excludes tenant from entire premises; tenant no longer has to pay rent
When does partial eviction occur?
tenant is physically excluded from a portion of the premises; if this is done by the landlord then the tenant doesn’t have to pay rent
When does a tenant have a claim for constructive eviction?
(1) landlord’s breach of quiet enjoyment makes premise unsuitable for occupancy; and (1) there is substantial interference; (2) notice given to the landlord and landlord fails to fix; and (4) tenant leaves after landlord fails to fix (remember SING)
Implied Warranty of Habitability:
(1) implied only in residential leases; (2) nonwaivable; (3) guarantees premise is fit for basic human living (I.e. running water, heat in winter, plumbing up to code)
What are the tenants options when a breach of habitability happens?
(1) Tenant can move out; (2) tenant can remain, repair, and deduct cost of repair from rent; (3) Reduce or withhold rent in an escrow account until a court determines fair rental value; or (4) remain in possession, pay full rent, and seek money damages
Is a sublessee personally liable to the landlord for rent/ any other covenants that run with the lease?
No unless the sublessee expressly assumes it
Can a landlord assign their rights to rent and reversion in a leased premise?
Yes, without consent of the tenant
What are the rights of the landlord’s assignee?
(1) once tenant is notified of the assignment, they are entitled to receive rent payments; and (2) assignee becomes liable for performance of covenants that touch and concern the land
What are the five exceptions to caveat lessee?
Common areas; Latent defects; Assumption of repairs; Public uses; Short term lease of furnished dwellings (CLAPS)
What is the latent defects rule?
landlord has duty to WARN of known dangerous conditions that aren’t discoverable by reasonable inspection
What is the short term lease of furnished dwelling rule?
Landlord is liable in tort for any defective condition that injures a tenant
What is a fixture?
chattel so affixed to land that it is no longer personal property and has become part of the realty
Generally, if removal of a chattel could cause extensive damage to the property, it must remain on the property
unless the tenant and landlord expressly agree that the tenant can add and remove any chattels the tenant installs
