Landlord & Tenant Flashcards
What are the four types of landlord/tenant tenancies?
- Tenancy for years
- Periodic tenancy
- Tenancy at will
- Tenancy at sufferance
What is a tenancy for years?
Fixed period of time
Created by express agreement
Term > 1 year must be in writing to satisfy SoF
No notice needed because terminates automatically at fixed date
What is a periodic tenancy?
Repetitive, ongoing estate by set periods of time
Automatically renews at end of each period unless valid termination notice
SoF does not apply
Created by express agreement, implication (no mention of duration) or operation of law (holdover tenant)
What is a tenancy at will?
No fixed period of time
Parties must expressly agree or regular rent payment will imply periodic tenancy
May be terminated by either party at any time, but reasonable demand to vacate usually required
What is a tenancy at sufferance?
T wrongfully holds over past expiration of lease
Wrongdoer is given tenancy to permit L to recover rent
Tenancy lasts until L evicts T or elects to hold T to periodic tenancy
What are a tenant’s duties?
- Pay rent
- Avoid waste
- Repair (non-residential leases; by contract; unless caused by L)
What are a landlord’s remedies if tenant breaches duty?
- Sue for damages and eviction for failure to pay rent
- Retake premises if T abandons… but duty to mitigate damages by re-renting
- Can accept holdover tenant as periodic tenant or tenant at sufferance OR sue after notice to vacate
What are a landlord’s duties?
- Must deliver actual possession (or T not obligated to pay rent)
- Repair (except for damages caused by T)
- Warranty of habitability (residential)
- Covenant of quiet enjoyment
What is the warranty of habitability?
Premises must be fit for basic human habitation (health/safety).
If breached, T must notify L of defect, given reasonable time to repair, and THEN T can refuse to pay rent, make reasonable repairs and deduct costs from future rent, or remain in possession, pay rent, and seek damages
What is the covenant of quiet enjoyment?
T has a right to quiet use and enjoyment of the premises w/out interference from L
L has a duty to control other tenant’s nuisance in common areas
No retaliatory eviction for reporting housing code violations
What is constructive eviction?
Substantial interference caused by L’s actions or failure to act; T must give notice of the problem; L fails to respond and T must vacate premises within reasonable time after L fails to fix the problem.
To whom does a tenant owe a duty of care?
Invitees, licensees, foreseeable trespassers
T may also be liable for dangerous conditions and activities
What is a landlord’s a duty of care?
Landlord is liable for injuries in common/public areas, areas under the landlord’s control, hidden defects, faulty repairs
What is the difference between an assignment and a sublease?
An assignment is a complete transfer of T’s remaining lease term.
A sublease is a transfer of less than the entire duration of the lease.
What is an assignee tenant’s responsibility?
The assignee tenant is liable to L for rents/covenants running with the lease because in privity of estate with L
If assignee tenant reassigns lease, his P/E with L ends and subsequent assignee tenant now in P/E with L
