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Property > Landlord-Tenant > Flashcards

Landlord-Tenant Flashcards

0
Q

Tenancy for Years - Defined

A 
fixed term with start and end date.
Creation - express agreement.  
may be oral if > one year.  
< one year SoF requires a writing.
Term - Fixed by agreement
Terminates Automatically at end of agreement.
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1
Q

Types of Tenancies - List

A

Tenancy for years
Periodic Tenancy
Tenancy at Will
Tenancy at Sufferance

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2
Q

Periodic Tenancy - Defined

A

fixed start date - no fixed end date.
Automatically renews.
Creation - Express or implied.
Implied agreement arises from holdover
Term - continues until PROPERLY terminated
Termination - appropriate notice must be given.
words or conduct demonstrate intent to terminate by either party

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3
Q

Timing of Notice for Periodic Tenancy

A

Notice must equivalent of period to max of 6 months.

At common law, notice in the middle of period is ineffective.
Must be at start of period.

Majority view - Notice in the middle of period is valid
not effective until next period.

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4
Q

Tenancy at Will

A

Usually only created by express agreement

Terminable at the will, death, or attempt to transfer interest.

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5
Q

Holdover situation is created by

A

tenancy for years expires - does not leave.

becomes periodic tenant or tenant at sufferance
intent of the landlord determinative.
if landlord accepts rent - periodic tenant.
period is the period for which rent is reserved

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6
Q

Analysis of L-T Dispute

A

Identify type of tenancy
Which of the 4 basic disputes involved
Has the L or T transferred interest in the property

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7
Q

Analysis of Attributes of Tenancy Type

A

Creation - how was it created
What is the term?
Has it been terminated?

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8
Q

4 Basic L-T disputes

A
  1. Rent
  2. Condition of the premises.
  3. Possession
  4. Improvements - who gets to keep improvments
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9
Q

Statute of Frauds and Leases

A

Leases for more than one year must be in writing.

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10
Q

Dispute over Rent Analysis

A

Determine How much rent the landlord can sue for.

What are the defenses available to the tenant

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11
Q

How much rent is the Tenant liable for in a Tenancy for Years

A

Tenant liable for all rent mentioned in agreement.

At common law, L can sue only for rent accrued.

Modern law allows anticipatory repudiation making entire amount due. Landlord has duty to mitigate

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12
Q

Landlords duty to Mitigate

A

Landlord obliged to re-rent property.
Failure results in reduced damages
by what landlord could have received if reasonable steps taken.

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13
Q

Rent Liability for the Periodic Tenant

A

liable for rent through period.

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14
Q

Liability for rent for tenancy at sufferance vs holdover from periodic tenancy.

A

holdover from periodic tenancy - obligation is same as prior period.

A holdover T@S is trespasser
liable for reasonable rental value of the property,
increase = damages

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15
Q

Defenses available to the Tenant - List

A
  1. Failure to Deliver Possession
  2. Eviction
  3. Surrender
  4. Destruction of the premises
  5. Offsets
  6. Other Contract Defenses - Discharge arguments
    Impossibility, Frustration, Impracticability
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16
Q

defense - Failure to deliver possession - CL and American Rule

A

CL: Failure excuses T from having to pay rent for premises.

American Rule (minority)
no duty to deliver possession of premises at start of a lease.
T’s obligation to take possession
T is liable for rent from beginning of period.

17
Q

Eviction - Types

A

Actual -
T removed from all or part of premises
released from paying any rent.

Constructive -
Substantial interference with use and enjoyment by landlord
T must move out in reasonable period of constructive eviction.

18
Q

Constructive Eviction and 3rd parties

A

If constructive eviction is result of 3rd party
L must have knowledge actions would substantially interfere
with use and enjoyment of premises.

if so, T can move out and have defense to payment of rent

19
Q

defense
Total Constructive Eviction vs Partial CE
and T’s liability for rent

A

Where there has been TCE, T is relieved from paying all rent.

Partial CE = rent abatement
attributable to portion of premises T is constructively evicted from

20
Q

Surrender of Possession - defense

A

if Landlord accepts surrender - no further rent is owed.

if L takes possession for purpose of re-renting the property to mitigate damages,
NOT acceptance of surrender and T remains liable for rent.

21
Q

Destruction of the Premises defenses

A

destruction of premises relieves liability for rent unless

T is responsible for destruction - negligently or intentionally.

22
Q

Offset defense - Covenant of Habitability

A

L must maintain premises in habitable condition.
Applies to all residential leases and commercial leases (minority).
T notifies L of problem
provides reasonable period to remedy problem.
L fails to remedy
T may remedy situation and offset cost against rent due.

23
Q

Other Contract based Defenses for T’s non-payment of rent

A

Discharge Arguments:
Impossibility, Frustration, Impracticability

Violation of quiet use and enjoyment of the property.

24
Q

Landlord’s obligation

Implied Warranty of Habitability

A

At CL, Landlord had no obligation to maintain premises.

Modern Rule: IWH is Implied into residential leases and
applies to commercial leases too in a minority of jurisdictions

25
Q

Tenants Obligations at Common Law

A

CL - tenant has no duty to maintain the condition of the premises.

T has duty to avoid waste including
Voluntary
Permissive
Ameliorative

26
Q

Issue in a fight over possession

A

When can L retake possession prior to expiration of agreement.

27
Q

When can L retake possession of the property.

A
  1. material breach of the lease.

At CL - landlord allowed to use reasonable force to retake possession
Modern - self help not allowed.

28
Q

Retaliatory Eviction

A

L has raises rent substantially after lawful exercise of rights
will be presumed to be retaliatory and not upheld.

29
Q

Disputes over Improvements/fixtures at CL

A

Object affixed to land, becomes part of land and can not be removed.
Trade fixtures can be removed prior to end of lease
so long as it can be done without substantial damage

30
Q

Improvements - Modern View

A

No distinction between trade and non-trade fixtures.
Anything affixed to land can be removed
property is left in substantially the same condition
is removed prior to the expiration of the lease
T@W has reasonable period after end of lease to remove fixtures.

31
Q

When must fixtures be removed

A

Prior to the expiration of the lease EXCEPT

Where T has no reason to know when the lease will end.
T@W and Life Tenant.
will have a reasonable time at termination to remove fixtures
and property is returned to substantially the same condition

32
Q

Structural Changes And Removal by T

A

If nature of a structure has been changed,

presumption it cannot be removed

33
Q

Transfer of L’s interest - who gets the rent?

A

Rent is due when Rent is due.

landlord of record when rent is due is entitled to rent $.

34
Q

Where T has transferred his interest, what is transferee classified as?

A

T transferred all of remaining interest (assignee)
or
only part of his remaining obligation (sublessee).

35
Q

What is required for L to enforce a covenant to pay rent against new tenant.

A

Contractual nature requires landlords ability to enforce contract,
must meet requirements for a covenant to run with the land.
Vertical Privity is the major issue.

36
Q

When Vertical Privity will exist for a subsequent tenant

A

T transferred all interest in the property (Assignee).
assignee is in privity with L.
A sublessee is not.
L can only sue an assignee for rent, not a sublessee

37
Q

Actions available to L for non payment of rent by a sublessee

A

Non-payment of rent is material breach lease
landlord can evict sublessee
but cannot sue for rent.

38
Q

Conditions necessary for L to prohibit transfer of lessee interests

A

Prohibition of assignment and sublease must be clear
specifically state both prohibitions.

If consent is involved, L must act reasonably and in good faith in deciding to grant consent

39
Q

Rule in Dumpers Case

A

Applies to prohibitions on assignment ONLY not subleases

a prohibition on assignment once waived, is deemed waived for duration of lease, unless the landlord specifically states otherwise.

40
Q

Liability for Rent Due in Tenancy at Will

A

Landlord is entitled to any rents due

Typically there are none however

Property (6 decks)

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