Landlord-Tenant Flashcards
List the Types of Tenancies.
Periodic—A periodic tenancy can be only terminated by written notice.
Term of Years—A tenancy for years has a set start and end date, and ends automatically upon the termination date.
How is a Periodic Tenancy terminated?
A Periodic Tenancy is automatically renewed until proper notice of termination is given; typically the lease controls the number of days notice required.
What is the Assignment of a Lease, and if assigned, who is responsible under the lease?
Assignment – A complete transfer of the entire remaining term of the lease. Absent an express restriction in the lease, a Tenant is free to transfer their leasehold interest in whole or in part.
Assignee – An assignee stands in the shoes of the original Tenant in a direct relationship with the LandLord. The assignee and the Landlord are “privity of estate” and each is liable to the other on all the covenants in the lease that “run with the land.” The original Tenant and the Landlord remain in “privity of contract.”
Can a tenant freely Sublease during Tenancy, and if subleased, who is responsible under the lease?
Sublease – Tenant retains some part of the remaining term of the lease.
Sublessee – A sublessee is not personally liable to the LandLord for rent or for performance of any of the covenants in the main lease unless the sublessee expressly assumes covenants. Only the original Tenant remains liable on the covenant to pay rent, but default on the rent permits LandLord to terminate the sublease.
What is required by the Landlord’s Implied in Law Covenant to Deliver Possession, and how is it breached?
Duty to Deliver Possession – the landlord must put the tenant in actual and timely possession at the beginning of the lease term.
What is required by the Landlord’s Implied in Law Covenant of Quiet Enjoyment and Non-Disturbance, and how is it breached?
Quiet Enjoyment and Non-Disturbance – A landlord warrants that neither the landlord nor a paramount title holder will interfere with the tenant’s quiet enjoyment and possession of the premises.
Actual Eviction: Actual eviction occurs where the tenant is excluded from entire leased premises, which terminates the tenant’s obligation to pay rent.
Partial Eviction: Partial conviction occurs where the tenant is physically excluded from part of the leased property. If the landlord is responsible, the tenant is released from his obligation to pay any rent. If a paramount title holder is responsible, the tenant’s rent is apportioned.
Constructive Eviction: Constructive eviction occurs where the landlord breaches a duty and that breach renders the property uninhabitable. The tenant may terminate the lease by vacating the premises and seek damages.
What is the Landlord’s Implied in Law Covenant of Warranty of Habitability, and how is it breached?
Warranty of Habitability – The implied warranty of habitability applies to residential leases. It warrants the property will be reasonably suitable for human residence.
If breached, the tenant may: (1) terminate the lease; (2) make repairs and offset the cost against future rent; (3) reduce rent in amount reduced by issue; or (4) remain in possession, pay full rent, and sue for damages.
What are the Tenant’s Implied in Law Covenants, and how are they breached?
Duty to Pay Rent – The tenant has a duty to pay rent.
Duty to Repair – A tenant cannot damage the premises, and is generally responsible for all ordinary repairs.
Duty Not to Commit Waste – A tenant is liable for waste.
Voluntary Waste: Voluntary waste results when the tenant deliberately and destructively acts to damage the premises or exploit materials on the property. The Tenant must pay the value or cost of repairs.
Permissive Waste: Permissive waste results where the tenant neglects or fails to take reasonable steps to protect the premises from damage. The Tenant must pay the value or cost of repairs.
Ameliorative Waste: Ameliorative waste occurs when the tenant alters the property, thereby increasing its value. The Tenant must pay the value or cost of restoring to prior conditions.
What is an Express Lease Covenants that Runs with the Land, and what happens if it’s breached?
When a Lease is Assigned, a covenant will run with the land where there is (1) intent, (2) touch, and (3) concern. Rent always runs with the land, so the assignee owes rent directly to the landlord. While the original tenant is no longer in privity of estate, he remains liable to the landlord because the two parties are still in privity of contract.
Breach of a lease covenants other than rent can terminate the lease if the landlord’s breach is material, but the Tenant cannot stay and refuse to pay rent.
