Landlord Tenant -2 Flashcards
Tenancy At Sufferance: ____________.
holdovers
Tenancy at sufferance arises when:
1. ?
2.
3.
- Tenant was in lawful possession, but
Tenancy at sufferance arises when:
1.
2. ?
3.
- After lease terminates
Tenancy at sufferance arises when:
1.
2.
3. ?
- tenant remains in occupancy of the premises (holds over)
Tenancy at sufferance arises when:
1.
2.
3.
- tenant was in lawful possession, but
- after lease terminates,
- tenant remains in occupancy of the premises (holds over)
Not a real type of tenancy:
tenancy at sufferance: holdovers
You are somewhere you had a legal right to be and then the lease ended, and you are still there.
Tenancy at sufferance
Tenancy at Sufferance: Holdovers
Common Law Rule: Landlord has two options:
1. ?
2.
- evict the holdover tenant (plus damages); OR
Tenancy at Sufferance: Holdovers
Common Law Rule: Landlord has two options:
1.
2. ?
- Consent to the creation of a new tenancy, either expressly or impliedly by acts
Modernly: Must check statute. Some allow double rent, so be careful!
Tenancy at Sufferance: Holdovers
Common Law: If L elects to evict, what is the relationship between landlord and tenant?
[Note: the original lease has terminated]
Majority Rule: _______ ________ with the same ________ and ___________ (e.g., obligation for utilities, etc.) as original lease.
Again, there are statutes that address holdover.
periodic tenancy with the same terms and conditions
Which leases must be in writing?
Varies from state to state.
Commonly, leases for more than one year
Protects the L in the event that T damages the premises, defaults in the payment of rent, or otherwise breaches the lease.
Security Deposit
Historically L’s have abused this and dreamed up all sorts of reasons for not returning the _______ _________. This abuse has led to statutory reform
Security Deposit
