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
