Landlord-Tenant Flashcards
Tenancy for Years
Tenancy that continues for a fixed period of time
* Tenancy for years ends automatically ends on termination date and no notice is required
* SOF: lease for more than one year must be in writing
Periodic Tenancy
Tenancy that automatically renews from period to period until terminated by proper notice from either party
* No termination date until notice is given
* Notice must be given a full period in advance (generally must in in writing and delivered to other party, similar to method of serving process)
Landlord’s Duties
- Covenant of quiet enjoyment
- Implied warranty of habitability
- NO duty to repair/maintain premises
- Duty to abate nuisance
- Control common areas
Covenant of Quiet Enjoyment
Covenant of quiet enjoyment is implied in every lease
* Covenant that landlord/paramount title holder will NOT interfere with tenant’s quiet enjoyment and possession of premises
- Breach: Wrongful Eviction or Constructive Eviction
Constructive Eviction: If landlord fails to provide services such that the property becomes uninhabitable, tenant can terminate lease and sue for damages. Requires “Landlord, SING”:
* Landlord breaches duty to tenant
* Substantial Interference: Breach causes substantial interference with tenant’s of use/enjoyment of property
* Notice: Tenant gives landlord notice and reasonable time to repair
* Goodbye: Tenant must vacate property within a reasonable time
Tenant’s Duties
- Duty to maintain premises (routine repair) but NOT ordinary wear and tear
- Cannot commit waste
- Duty to pay rent (landlord cannot engage in self-help)
Implied Warranty of Habitability
Majority of states adopted warranty of habitability for residential leases (NOT commercial leases) - courts usually apply local housing code
Gist: Premises must be fit for basic human habitation
Tenant’s Options (MRRR)
* Move out and terminate lease
* Repair and deduct
* Reduce or abate rent to fair rental value when accounting for defects in property
* Remain in possession, pay full rent, sue for damages
Any attempt to wavie this warranty is NULL/VOID as a matter of public policy
Ex. No heat in winter, no working plumbing, no running water
Reasonable Accommodations
Fair Housing Act
* Landlords must allow disabled tenants to make reasonable modifications to existing premises to accommodate disabilities
Fair Housing Act
Protects tenants from discrimination on basis of race, color, religion, national origin, sex, disability, or familial status
* Exceptions: Doesn’t apply to (1) owner-occupied building with 4 or fewer independent units and (2) single-family homes sold or rented by owner who owns no more than 3 single-family homes.
Discriminatory advertisements or notices PROHIBITED. Exceptions do NOT apply.
Landlord’s Tort Liability
Landlord has NO duty to make premises safe EXCEPT (CLAPS):
* Common areas (hallways, stairs, elevators)
* Latent defects (must WARN, not repair, of dangerous conditions landlord knows of)
* Assumption of repairs (if landlord makes repairs negligently, L liable)
* Public use rule (short-term lease intended for public use)
* Short-term lease of furnished dwelling
Landlord’s Duty to Mitigate
If tenant breaks/abandons lease:
* Traditional view: landlord can do nothing and collect rent from tenant until tenant finds replacement
* Modern view: landlord must make reasonable efforts to relet to a new tenant and thus mitigate damage
Tenant’s Failure to Pay Rent
Failure to pay rent = breach of covenant to pay rent
Common law: landlord can only sue for money damages but can’t terminate lease
* Covenants in lease were independent of each other, so breach of one covenant didn’t terminate landlord-tenant relationship; other party still had to perform and then sue for damages
Unlawful Detainer Statutes: landlord can evict defaulting tenant
* Modern courts see covenants as dependent on each other IF the breach (of covenant) concerns a material provision
* Some jx: Landlords cannot force entry or use self-help to remove tenant or change locks
* Some jx: landlord can impose lien on personal property found on premises for commercial tenant
If tenant says he MIGHT stop paying rent, it’s NOT a breach. Only a breach when tenant ACTUALLY STOPS paying rent.
Assignment vs. Sublease
Unless lease expressly prohibits assignment, tenant can transfer leasehold interest in whole or in part.
Assignment: Complete transfer of remaining term
* Assignee is in privity of estate with landlord and each are liable to the other for all covenants in lease (assignee stands in original tenant’s shoes)
* Original tenant still in privity of contract iwth landlord - liable if assignee fails to pay rent
Sublease: Partial transfer of term
* Sublessee liable to original lessee for rent; pays directly to original lessee, who pays landlord
* Sublessee NOT personally liable to landlord for rent or any covenants in lease
* Sublessee not in privity of contract or estate with landlord
* If landlord terminates main lease for nonpayment of rent, sublease automatically terminated
Covenants not to assign/sublease:
* Strictly construed against landlord: if it only prohibits assignment, subleased presumed OK; if it only prohibits subleasing, assignment presumed OK
Substantial Change: If assignment would substantially change obligor’s duty, assigned is BARRED.
Delegation
Transfer of contractual duties - CANNOT delegate duties that involve:
* (a) personal judgment/skill
* (b) relationship between obligor/obligee requires special trust, or
* (c) performance by delegate would materially change obligee’s expectations under contract
Covenants in Lease
Covenants to pay rent, taxes, etc.
* Burdens/benefits landlord or tenant
For burden to run with land(WITHN):
* writing,
* intent to bind successors (“landlord and tenant agree for themselves and their successors and assigns”)
* touches and concerns land (because it continues landlord-tenant relationship on property)
* Horizontal/vertical privity
* Notice
Non-Compete Covenant
Prevents landlord from leasing premises to competitors of commercial tenant
* Some courts don’t allow benefit of covenant to run with the land
However a covenant that restricts a tenant’s permissible uses of the land to a gift and greeting-card store as well as prevents the landlord from allowing competition will likely be found by court to have touched and concerned the land (because it restricts tenant’s use of land too)
