Landlord Tenant Flashcards
Types of leases
- Periodic
- At-Wil
- Term of Years
- Tenancy at Sufferance
Term of Years
- Has a definite beginning and definite end
- No notice is required to terminate
Periodic
- Has a set beginning and continues from period to period, without a set termination date
- Does not terminate until notice is given
- Notice = length of a period
At-Will
- Has no fixed date
- Lasts as long as L and T desire
- Terminates if:
- either party dies;
- the tenant commits waste;
- the tenant attempts to assign his interest;
- the landlord transfers his interest; or
- the landlord transfers the premises to a third party for a term of years
tenancy at Sufferance/holdover tenancy
occurs when a tenant remains in possession of the leased premises (“holds over”) after the end of the lease term. A tenancy at sufferance is not a true tenancy
Tenants’ Duties
- Pay rent
- May not commit ameliorative waste
- May not commit permissive waste
- If there is a general covenant to repair, tenant is required to repair the premises
Landlord’s Duties
- Duty to deliver possession of premises to tenant at start of lease term
- Covenant of quiet enjoyment
- L promises that T will nto be disturbed by L during T’s possession of the premises
When is T constructively evicted?
- When L’s actions substantially and permanently interfere with T’s use and enjoyment of the premises; AND
- T moves out as a result
What is the implied warranty of habitability
guarantees that the landlord will deliver and maintain premises that are safe, clean, and fit for human habitation
*only applies to resdiential leases
If L breaches the implied warranty of habitability:
- tenant is excused from further performance under the lease;
- tenant, may, but not need not, vacate the premises
- tenant may abate rent
- tenant may seek money damages
When does assignment occur?
When tenant transfers all rights, title, and interest in the leased premises to another.
Assigneed comes into privity with landlord and L may sue assignee if rent is not paid
Sublease
T does not transfer all rights, title, and interest to 3rd party
L may not sue subtenant if rent is not paid.
Rule in Dumpor’s Case
Waiving a covenant against assignment once means waiving it for subsequent assignments
*Does not apply to subleases
What is the English Rule for landlord to deliver possession?
Majority rule
L must deliver actual possession
What is the American Rule for landlord to deliver possession?
T must deliver legal possession only
What is the covenant of quiet enjoyment?
Landlord promises that tenant will not be disturbed by the landlord during his possession of the premises
What effect when covenant of quiet enjoyment is breached?
Tenant may treat lease as terminated and withhold rent
Elements for constructive eviction
- Landlord’s act must substantially and permanently interfere with tenant’s use and enjoyment of the premises; and
- tenant must move out
Landlord’s acts that constitute constructive eviction
- Withholding something essential to the full enjoyment of the property that is included within the terms of the lease, such as heat
- Withholding something required by statute (e.g. hot and cold running water)
Elements for proving breach of implied warranty of habitability
- tenant must whow a patent or latent defect in essential residential facilities;
- Provide landlord with notice of the defec; and
- allow landlord reasonable time to make necesary repairs
Remedies for breach of implied warranty of habitability
Tenant may be treat lease as canceled
Rent is abated
Tenant may seek money damages, reformation, or other traditional contract or tort remedies
Landlord’s remedies if tenant’s breach duty
- Evict tenant; and/or
- Recover damages for tenant’s breach