Landlord’s Rights, Tenants Duties; Lease Transfers - Feb. 23 Flashcards
What are the tenant’s duties in most jurisdictions? (Barros)
In most jurisdictions, the tenant’s duties include: (1) the duty to pay rent, (2) the duty to not use the premises for illegal purposes, and (3) the duty to not commit waste. (329)
What options does a landlord have if a tenant fails to pay their lease? (Barros)
(1) continue with the relationship and sue for back rent or (2) end the relationship and sue to evict the tenant and recover possession of the premises. (330)
Can a landlord be held reliable for the criminal acts of their tenant? (Barros)
Yes. In some jurisdictions a landlord may be held liable for criminal acts committed by the tenant if the landlord knew or should have known that the tenant was engaged in illegal activities. (330)
What are the two types of transfers a tenant in a lease may make? (Barros)
Assignments and subleases. (331)
What happens in an assignment? (Barros) (Studicata)
The original tenant transfers all of her rights under the lease to the new tenant. (331)
An assignment is a complete transfer of the tenant’s entire remaining term under the lease.
What happens in a sublease? (Barros) (Studicata)
The original tenant transfers something less than all of her rights to the new tenant. (331)
A sublease is a transfer of less than the tenant’s entire remaining term under the lease.
When are parties in privity to a contract? (Barros)
If they are on opposite sides of a contract. (332)
When are parties in privity of estate? (Barros)
If they are on opposite sides of a real estate transaction. (332)
What is the original lease between the landlord and the tenant often referred to as? (Barros)
The master lease. (332)
What is the most important thing to note about the differences between the assignment and sublease privity relationships? (Barros)
In the sublease, L and T1 are not in privity of estate or contract with each other. In the assignment, L and T1 are in privity of estate with each other. (333)
In an assignment, who can a landlord collect rent from? (Studicata)
In an assignment, the landlord can collect rent from the:
Assignee (because there is privity of estate); OR
Original tenant (because there is privity of contract).
In a sublease, who can the landlord collect rent from? (Studicata)
In a sublease, the landlord can ONLY collect rent from the original tenant (because there is privity of contract and estate). The subtenant ONLY has rent obligations to the original tenant.
