Landlord - Tenant Flashcards
Landlord - Tenant Approach
- Common Law vs. Modern Law
- Type of Tenancy
- Duties of Landlord
- Duties of Tenant
- Assignment/Sublease
Leasehold
Entitles the tenant to exclusive possession of leased property.
Common Law - Tenant has duty to pay rent even if Landlord breaches lease contract.
Modern Law - Breach of Lease by Landlord can excuse the Tenant from preforming.
Tenancy for Years
The beginning and ending are fixed from the outset. No party need to give notice.
Statute of Frauds - Oral lease over 1 year (CL 3 years) will violate statute of frauds. Moving in transforms to tenancy at will. Paying rent transforms into periodic tenancy.
Surrender - Tenant permanently gives up right to leasehold and landlord accepts.
Periodic Tenancy
Continues from year to year, or periodically until terminated by proper notice by either party.
Created by express agreement, by rental payments at specified periods or by hold over.
Termination: Notice is Required
Common Law - Period of rent, not to exceed 6 months.
Modern Law - 30 days and in writing.
Tenancy at Will
Terminable at the will of either party.
Created by express agreement, operation of law: invalid lease or previous lease termination.
Termination:
Common Law - No notice required.
Modern Law - Requires written notice, CA notice period is 30 days, requirement of notice transforms into tenancy for a fixed period.
Tenancies at Sufferance
Hold Over; rightfully enters into possession remains wrongfully in possession after the termination of his tenancy.
Landlord can give express or implied consent, transforms into tenancy at will or a periodic tenancy.
Hold tenant liable for reasonable rental value under quasi-contract.
Termination - No notice required.
Duties of the Landlord
Delivery of Possession Use and Quiet Enjoyment Habitable Premises Repair Tort Liability
Delivery of Possession
Common Law - No duty; fully performed after transfer of legal right to possession.
Modern Law:
Majority - Duty to deliver actual possession and transfer legal right to possession. If previous tenant or adverse possessor has not moved out, tenant can rescind lease or recover damages from landlord.
Minority - Duty only to transfer legal right to possession. Not in default if previous tenant does not move out.
Covenant of Quiet Use and Enjoyment
Landlord interferes with possessory rights of the tenant.
Landlords Breach:
Actual Physical Eviction - All rental obligations cease.
Partial Physical Eviction - All rental obligations cease.
Partial Physical Eviction by Paramount Title Holder - Apportionment of rent.
Constructive Eviction - Substantial interference of the covenant, landlord or agent is at fault and tenant must vacate premises (Restatement 2nd contra).
Common Law - Duty to pay rent even if Duty violated.
Modern Law - No duty to pay rent.
Covenant to Deliver Habitable Premises
Common Law - No duty to deliver habitable premises.
Modern Law - Implied covenant of habitability, to keep premises in a tenantable condition in regards to lighting, plumbing, and heating. Split on application to commercial lease.
If a violation of housing laws landlord lease is illegal and transformed into a tenant at sufferance, reasonable rent for premises as they exist.
Remedies: Stay in possession and put rent in an escrow account Rent Abatement Repair and Deduct Constructive Eviction
Retaliatory Eviction - ML landlord cannot evict in retaliation for an act that is not in breach of the lease.
Covenant of Duty to Repair
Common Law - No Duty
Modern Law - Implied continuing covenant of habitability. Repair must be without negligence or subject to Tort liability. Extends to commercial lease with continued maintenance by landlord.
Remedies:
Constructive Eviction
Repair and Deduct
Rent Abatement
Tort Liability
Common Law - No liability.
Modern Law - SARGENT v ROSS - Liable for injuries from unsafe conditions which the landlord failed to make safe.
Duties of the Tenant
Pay Rent
Duty to Repair/Doctrine of Waste
Duty to Pay Rent
Obligation to pay rent except when:
Supervening Illegality or Frustration of Purpose - CL Duty to pay rent. ML No Duty.
Destruction of Premises - CL Duty to Pay rent. ML Total or partial destruction where landlord at fault, no duty to pay rent.
Eminent Domain - Complete or partial where remainder of premises is valueless, no duty to pay rent.
Remedies:
Eviction:
Common Law - by force.
Modern Law - Unlawful detainer proceedings.
Abandonment:
Common Law - No duty to mitigate can sue for rent as it comes due.
Modern Law - Justifiable v Unjustifiable. If unjustified:
Repossess and Relet - can mitigate damages or bar recovery if surrender.
Accept abandonment in writing
Bring suit for breach of contract.
Duty to Repair/Doctrine of Waste
Duty to make ordinary repairs.
Affirmative Waste - Intentional or negligent waste of property resulting in destruction, alteration or exploitation.
Permissive Waste - Failure to take reasonable steps to protect the premises from damage.
Ameliorating Waste:
Common Law - No allowance for change to property even if it adds value.
Modern Law - Short term tenants can make no changes. Long term tenant may be able to make changes and set off for money owed to landlord.
Fixtures:
Common Law - Any improvement was a gift to landlord, except trade fixtures.
Modern Law - Can remove fixtures but must repair damage that removal creates.
