Landlord Tenant - 1 Flashcards by D Acorn

What are the three types of leasehold estates?
1.
2.
3.

Term of years
Periodic Tenancy
Tenancy at Will

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How many types of leasehold estates are there?

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A _________________ is an estate that lasts for: some fixed period of time OR for a period computable by a formula that results in fixing calendar dates for beginning and ending, once the term is created or becomes possessory.

Term of Years

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A term of years is an estate that lasts for some ________ ________ ________ _______ OR for a period computable by a formula that results in fixing calendar dates for beginning and ending, once the term is created or becomes possessory.

fixed period of time

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A term of years is an estate that lasts for some fixed period of time OR for a period computable by a formula that results in fixing __________ _______ for __________ and __________, once the term is created or becomes possessory.

calendar dates
beginning and ending

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A term of years lease lasts for a _____________________________________.

fixed period of time measured by the calendar.

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A ___________________________ lease lasts for a fixed period of time measured by the calendar.

term of years

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Could be one day or thousands of years. At common law there was no limit on the number of years permitted. Some states have statutes that limit it.

Term of Years

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__________________ is a period of time measured by the calendar and has a finite beginning and finite end.

Term of years

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Term of years is a period of time measured by the calendar and has a finite __________ and finite ______.

beginning and end

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Is notice of termination necessary for a term of years lease?

No notice of termination is necessary to bring the estate to an end because the term of years states from the beginning when it will end.

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No notice of termination is necessary to bring the estate to an end because the term of years states from the beginning when it will end. What type of leasehold estate?

Term of Years

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_____________ ___________ a lease for a recurring term that continues for succeeding periods until either the landlord or tenant gives notice of termination.

Periodic Tenancy

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Periodic tenancy is a lease for a ________ ______ that continues for _________ _________ until either the landlord or tenant gives notice of termination.

recurring term
succeeding periods

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Periodic tenancy is a lease for a recurring term that continues for succeeding periods until either the ___________ or ___________ gives ____________ of ____________.

landlord
tenant
notice of termination

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Examples:
Year- to- year
Month-to-month

Periodic Tenancy

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Tricky part is that if notice isn’t given in a timely manner, it will automatically extend for a whole other term.

Periodic Tenancy

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Tricky part is that if notice isn’t given in a timely manner, it will automatically extend for a whole other term. You have to be careful to know what your ___________ ____________ are in your lease because you don’t want to be stuck there for additional time if you were intending to move.

notice provisions

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For purposes of determining the “period” of a periodic tenancy, the rule is:
Majority Rule:

The period is determined based upon the manner in which rent is RESERVED.

Rent is reserved on an annual basis.

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For purposes of determining the “period” of a periodic tenancy, the rule is:
Minority Rule:

The period is determined based upon the manner in which rent is PAID.

Rent is paid on a monthly basis.

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Periodic Tenancy Majority:

Year-to-year

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Periodic Tenancy Minority:

Month-to-Month

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For a Periodic Tenancy when must notice be given in order to be effective?

If the lease specifies a time for giving notice, the lease terms will govern (unless the court finds that the time specified is unreasonable). But, if the lease is silent on this point… at common law there is majority and minority

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For a Periodic Tenancy when must notice be given in order to be effective?
If the lease specifies a time for giving notice, the lease terms will govern (unless the court finds that the time specified is unreasonable). But, if the lease is silent on this point… At Common Law:
Month-to-month:

requires one month advanced notice, with the effective date of the notice being the last day of the term.

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______________________: requires one month advanced notice, with the effective date of the notice being the last day of the term.

month-to-month periodic tenancy

For a Periodic Tenancy when must notice be given in order to be effective? If the lease specifies a time for giving notice, the lease terms will govern (unless the court finds that the time specified is unreasonable). But, if the lease is silent on this point... At Common Law: longer tenancies:

advanced notice equal to the duration of the period, with a maximum of 6 months, with the effective date of the notice being the last of the term.

If the lease is silent and no relevant statute, at common law month to month ____ ______ advance notice with the effective date of the notice being the last day of the term.

one month

If the lease is silent and no relevant statute, at common law longer tenancies - ex. year-to-year = ______ ______ effective date being the last date of the term.

6 months

Example: Tenant is in a Year to year periodic tenancy and their lease started Jan 1 2000, LL would have to get notice of termination from tenant before __________. ______ _______ notice at common law to be able to leave. If they don’t give notice they can be held over an entire year until Jan, 2022. Lease would have been from Jan 1, 2000 and then basically 12/31, 2000 of that year. Be careful when you want to give notice to terminate.

July 1, 2000 6 month’s

Ex. Month- to – month and tenant started a month-to-month lease Jan 1 and now Mar 20th and they want to move out. How long are they on the hook to pay their rent? Can you give March 20th notice and leave on March 31st? ________, common law rules you have to give one month’s advance notice. It also says the effective date of the notice is the last date of the term, so it is the last day of the month. You can’t say March 20th and say I am going to leave by April 20th. If you decide March 20th you want to terminate your month-to-month periodic tenancy you will pay rent until ___________ because you have to give a whole month’s notice and notice is not effective until the last day of the term.

NO April 30th

The death of a landlord or a tenant has no effect on the periodic tenancy. True or False.

True

Does the death of a landlord or tenant have an effect on the periodic tenancy?

NO!

The death of a landlord or a tenant has no effect on the _________ __________. Landlord dies, tenants lease continues still paying rent. Tenant dies, lease continues, estate or somebody will still be paying rent in theory.

periodic tenancy

A tenancy of indefinite duration, i.e., tenancy for no fixed or revolving period that endures so long as the landlord and tenant desire.

Tenancy at Will

A tenancy at will is a tenancy of __________ ________, i.e., tenancy for no _________ or __________ period that endures so long as the landlord and tenant desire.

indefinite duration fixed or revolving

A tenancy at will is a tenancy of indefinite duration, i.e., tenancy for no fixed or revolving period that endures ___ ____ ____ the landlord and tenant desire.

so long as

This one it ends at the death of one of the parties. The other two do not. The ________________ ends at the death of one of the parties.

tenancy at will

Does the tenancy at will end at the death of one of the parties?

YES

Tenancy at will possible lease provisions: 1. 2. 3. 4.

1. Lease is silent on who may terminate 2. Lease specifies that either party may terminate. 3. Lease specifies that only L may terminate 4. Lease specifies that only T may terminate

Tenancy at will possible lease provisions: 1. ? 2. 3. 4.

1. Lease is silent on who may terminate

Tenancy at will possible lease provisions: 1. 2. ? 3. 4.

2. Lease specifies that either party may terminate

Tenancy at will possible lease provisions: 1. 2. 3. ? 4.

3. lease specifies that only L may terminate

Tenancy at will possible lease provisions: 1. 2. 3. 4. ?

4. lease specifies that only T may terminate

If the lease is silent then, ________ _________ can terminate.

either party

TURNING POINT #1: On October 1, L leases Blackacre “to T for one year, beginning October 1.” On September 30th of the following year, T moves out without giving L any notice. What are L’s rights? A. Landlord can sue Tenant for Breach B. Tenant wasn’t required to give any notice

Answer: B. Tenant wasn't required to give any notice. Because this was a term of years the tenant was not required to give notice to the landlord because the end date was already established by the term of years.

The death of a landlord or the tenant has no effect on the duration of the term of years. True or False.

True

The death of a landlord or the tenant has no effect on the duration of the _________ _____ _________.

term of years

We have already established how long it is going to go and the landlord or tenant dying is not going to change that. What leasehold estate does this refer to?

Term of Years

TURNING POINT #2: A month-to-month period tenancy is inferred if you can’t immediately tell from the language which type it is. A. True B. False

B. False. Periodic tenancy the majority rule is year to year and that is why this is false. If you can’t tell from the language, it is year to year.

On October 1, L leases Blackacre “to T from year to year, beginning October 1.” On September 30th of the following year, T moves out without giving L any notice. What are L’s rights?

The Landlord rights to T1 they can sue the tenant to extend them for another year tenancy. Here, the tenant should have given notice. At common law that period was 6 months’ notice. You would have to give 6 months’ notice to the landlord if you wanted to break that lease at common law.

Periodic year to year tenancy you would have to give ___ ______ notice in advance to the landlord to break the lease at common law. Modernly you would have to give ____ ______ notice. Jurisdictions and states have statutes that dictate. People are free to contract otherwise. The LL can put 60 days notice in the contract and that is fine.

6 months 30 days

On October 1, L leases Blackacre “to T from year to year, beginning October 1.” On September 30th of the following year, T moves out without giving L any notice. Take From This HYPO:

Landlord has rights to sue tenant because tenant is obligated for another year to year periodic tenancy because they didn't give adequate notice. Common law - period for year to year periodic tenancy for notice to terminate was 6 months. Modern times - in many instances has been shortened by statute to 30 days. Ultimately, if the lease has certain provisions, we go with what is in the contract.

HYPO: If the lease was for no fixed term, with a rental amount of $24,000 per year, payable $2,000 per month. Questions: * What type of lease? * What minimum notice to terminate would be required at common law and modernly, assuming the lease was silent on the point?

If we can’t tell from the facts which one it is – majority rule. Periodic Tenancy – year-to-year – majority rule. Year to year -periodic tenancy. Notice to terminate at common law assuming the lease says nothing is 6 months.

Landlord leases the property to Tenant. The lease is for a month-to-month tenancy, starting on the first day of the month. Tenant notifies Landlord on 11-16-01 of an 11-30-01 termination, and Tenant leaves, accordingly, paying no further rent. Landlord re-rents as of 4-1-02. No governing statute or lease provision. Landlord sues Tenant for unpaid rent for the months of 12/01 and 1/02-3/02. What’s the result? A. 11/30/01 B. 3/31/02 C. 12/31/01

C. 12/31 – correct because the effective date is the last day of the term and the term started at the beginning of the month. Have to give full months’ notice from the last day of the term. Month-to-month lease giving notice 11/16 the tenant will have to pay until 12/31.

If a lease says terminable at will of the tenant, then courts typically follow the rule from the __________ case.

Garner

If we have a lease that says terminable at will of the tenant, then courts typically follow the rule from the garner case. It will be a __________ _________ __________.

Determinable Life Estate

One of the key indicators of determinable life estate language is ______________________________.

so long as

A document that says tenant can live here so long as they want too, courts typically interpret this as a ___________ _________ __________ and you can live there until you die or you can leave earlier if you want.

determinable life estate

Courts do not like __________ ______ ________ and if they can interpret it as anything else they will.

Tenancy at Will

If we see one that is _____________ ______ ______ ______ ____ _______ __________ courts say you meant determinable life estate and that is how they interpret it because it is kind of strange.

determinable at the will of the tenant

Lease which states that Tenant "has privilege to terminate at the date of his own choice" creates a ___________ _________ ________ Lease terminates at the earliest when the Tenant chooses, at the latest at Tenant's death.

determinable life estate.

PICK between a ________ _____ _________ (it ends at death), and if it is not that, it is a __________ _______ _________ (doesn't end at death.

tenancy at will Determinable life estate

Lease which states that Tenant "has privilege to terminate at the date of his own choice" creates a determinable life estate. Lease terminates at the earliest when the Tenant chooses, at the latest at Tenant's death. The court seeks to protect the intent of the parties; thus, the lease is terminable by the ____________ alone.

tenant