Landlord tenant

Question 1

Tenancy for years

Answer 1

1) lease for fixed period of time
2) dates MUST be specified
3) Leases > one year NEED writing
4) NO NOTICE for termination

Question 2

Periodic tenancy

Answer 2

continues for successive periods UNTIL either gives proper notice.

CREATION
1) by express agreement
2) by implication
– no specific mention byt payment required at specific intervals
3) operation of law
– oral leases more than 1 year = vio of SOF
– Holdovers - remains on land after expiration of lease, submits a rental payment = accepted by landlord. becomes periodic tenancy.

Automatic renewal
TERMINATION = valid notice requirement
notice = at least 1 period in advance.UNLESS 1 year then only 6 month notice needed
must also end at natural lease period i.e. end of/beginning of lease period.
EXCEPTIONS = Freedom of contract, can contract around it

Question 3

Tenancy at will

Answer 3

no stated duration ensure on so long as both want

CREATION
1) express agreement- payment of regular rent find implied periodic tenancy UNLESS expressly agree tenancy at will
2) By implication
– temporarily imply tenancy at will, take possession at oral lease even if no EXPRESS TENANCY AT WILL
– Acceptance of rent would = turn into implied periodic tenancy

TERMINATION
anytime WITHOUT notice through generally modern require notice = to one notice payment

Question 4

Tenancy at sufferance

Answer 4

when tenant holds over at end of valid lease

TERMINATION
only lasts until :
1) landlord evicts tenant - tenant liable for lost profits caused by holdover
or
2) elects to hold tenant to new tenancy - becomes new tenancy.

Question 5

Tenant duties

Answer 5

DUTY TO PAY RENT
breach in possession then
1) landlord can evict
OR
2) continue tenancy and sue for back rent
CANNOT use self-help

beach OUT of possession
1) treach breach as surrendr
2) minority view = leave vacant and sue for back rent
OR 3) majority view = duty to mitigate

DUTY TO REPAIR
if lease silent - ordinary repairs and not commit waste w intentional act of destruction
removing fixtures? = voluntary easte
fixture? personal property attached to land or building that OBJECTIVELY regarded as irremovable part - attachment shows intent to permanently improve.
BUT
1) express agreement controlls
2) in absence of express agreement may remove any fixture tenant installed IF will not cause susbtantial damage

Permissive waste = neglect
ameliorative waste = unauthorised improvements

EXPRESS COVENANT TO MAINTAIN
common law - Tenant liable for any loss/destruction regardless of fault + including losses by force of nature
Modern law = can terminate lease if premises are destroyed and T not at fault

DUTY TO INVITED TP - MUST KEEP PREMISES REASONABLY GOOD CONDITION
indemnification available against landlord if they expressly promsied to make all repairs

Question 6

Landlord duties

Answer 6

DUTY TO DELIVER POSSESSION
1) majority rule - english rule. require landlord put T in ACTUAL, PHYSICAL possession at beginning of lease i.e. evict hold over tenants
2) American rule - only require LEGAL possession

IMPLIED COVENANT OF QUIET ENJOYMENT
L not UNREASONABLY interfere with T use and enjoyment - BOTH PRIVATE AND COMMERCIAL properties

1) breach by actual wrongful eviction = affirmative act that wrongfully evicts
2) breach by constructive eviction
– a) substantial interference
– b) notice to landlord + L fails in some way to meaningfully act
– c) tenant must vacate within reasonable time AFTER fails to remedy

IMPLIED WARRANTY OF HABITABILITY
previously took how were - modernly warranty of habitability is implied to RESIDENTIAL LEASES
breach = excused from duty to pay rent

1) non-waivable
2) uninhabitable = not fit for basic human habitation - based on
–a) local housing standards
–b) the court

REMEDIES
1) move out + terinate
2) reduce/withold rent
3) repair and deduct cost of repairs
4)remain in possession and sue for damages

RETALITORY EVICTION = ILLEGAL

Question 7

Landlord tort liability

Answer 7

GENERALLY NOT liable for acts of other tenants UNLESS
1) landlord must NOT permit NUISANCE
AND
2) Lnadlord must CONTROL all common areas

COMMON LAW = Caveat lessee
no duty to protect tenant, tenant licencee, invitees except:
1) must disclose latent defects
2) injuries resulting from negligent voluntary repairs
3) reasonable care in maintaining common areas
4) liable for defect on land for public use AND
–a) landlord knows/should know - tenant makes use of public land + of defect + tenant with NOT fix it (bc of length of lease or nature of defect)
5) short term lease furnished dwelling
–a) 3 mnth or less
–b) tenant treated as licencee and L liable for defects even if L did know nor should have known

Question 8

FAIR HOUSING ACT

Answer 8

federal law prohibiting discrimination on basis of race, colour, religion, national origin, sex, disability, familial status

2 EXCEPTIONS
1) single family home -owner of single fam home can discrim in renting/advertising SO LONG AS not own more than 4 such homes
2) 1 to 4 owner occupied
– owner livees in one of units MAY discriminate but CANNOT discriminate in advertising

Question 9

Assignment

Answer 9

ASSIGNMENT = TRANSFER OF ENTIRE INTEREST
L + ASSIGNOR (tenant) = still in privity of contract - i.e. can recover against assignor if asignee doesnt pay
NOT in privity of estate

L+ ASIGNEE
Privity of Estate = YES (gives right to sue one another re covernants that run with land - both burden and benefit + duty to not remove fixtures)
Privity of contract= NO. UNLESS expressly agree

SUBSEQUENT ASSIGNMENT = assignee assigns.
original assignee privity of estate TERMINATES
Unless original assignee assumed covenants w Landlord, no further privity of contract or liability

Question 10

SUB LEASE

Answer 10

TRANSFER PART OF INTEREST i.e portion of lease

L+ Leasee (tenant) = privity of estate YES, pRIVITY OF coNTRACT yes
T + sublessee = Privity of contract
L + Subleesee = privity of contract NO, privity of estate NO
only possible exception = implied warrant of habitability for residential leases.