Landlord/Tenant Flashcards
What is a term of years leasehold estate?
A term of years lease is an estate that lasts for some fixed period of time or for a period computable by a formula.
Is notice of termiantion required for term of years?
No, because it ends on a stated date.
Is there a limit on length of time for term of years?
At common law, no. Now, states will impose statutes with limits based on what the land is used for.
Does the death of the landlord or tenant have an effect on term of years?
No. If the tenant dies, the heirs will have to pay the rest of the lease.
What is a periodic tenancy?
A lease for a recurring term that continues for succeeding periods until either the landlord or tenant gives notice of termination.
Is a periodic tenancy affected by death of landlord or tenant?
Yes
What are the two classifications for period tenancy?
month-to-month and year-to-year
What is the majority rule for determining the period in a periodic tenancy?
The period is determined based upon the manner in which rent is reserved.
What is the minority rule for determining the period of a periodic tenancy?
The period is determined based upon the manner in which rent is paid.
What does “reserved” mean in terms of determining a periodic tenancy?
Rent is reserved on an annual basis
What does “paid” mean in terms of determining a periodic tenancy?
Rent is paid on a monthly basis.
What is period of a periodic tenancy if the language of the lease is vague?
the default is year-to-year
How do you terminate a month-to-month periodic tenancy?
Requires one month advance notice, with the effective date of the notice being the last day of the term.
If the tenant pays rent on the 30th of each month, and the tenant decides on March 20 to terminate, rent would still be due (effective) on April 30.
How do you terminate a periodic tenancies longer than month-to-month?
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 day of the term.
If a one-year lease begins Jan. 1, 2020, notice must be given before July 1, 2020 to cancel.
Can notice be given in the middle of a term?
No
What is a tenancy at will?
A tenancy of indefinite duration, i.e., tenancy for no fixed or revolving period that endures so long as the landlord and tenant desire.
Is a tenancy at will affected by the death of the landlord or tenant?
Yes.
How do courts feel about tenancies at will?
They do not like them and will interpret them as any other type of tenancy if given the opportunity
What are the four possible lease provisions for who may terminate?
- Lease is silent on who may terminate
- Lease specifies that either party may terminate
- Lease specifies that only Landlord may terminate (but either can terminate)
- Lease specifies that only Tenant may terminate (creates a determinable life estate)
When does a tenancy at sufferance arise?
Tenancy at sufferance arises when (1) the tenant was in lawful possession, but (2) after the lease terminates, (30 the tenant remains in occupancy of the premises (holds over).
What are the common law options for a landlord when a tenant holds over?
- evict the holdover tenant (plus damages) OR
- Consent to the creation of a new tenancy, either expressly or impliedly by acts (i.e., cashing a check for rent)
What is the modern treatment of holdover tenants?
Varies by state statutes. Some allow double rent. Raise and dismiss if advising a tenant, let them know to check the statute because rent may be double.
What happens if the landlord chooses not to evict a holdover tenant?
The original lease has terminated and a periodic tenancy is created, with the same terms and conditions as the original lease.
What is the statute of frauds for leases?
Commonly, leases for more than one year must be in writing. Varies by jurisdiction.