Landlord Tenant Flashcards
Landlord Tenant
A leasehold is an estate in land under which the tenant has a present possessory interest in the leased premises and the landlord has a future interest.
Tenancy for Years
A tenancy for years is a lease for a fixed period of time and will come to an end AUTOMATICALLY at the end of the lease. No notice is necessary to terminate the lease. Here,
Tenancy for Years are usually created by written leases and if the term is greater than one year, the lease must be in writing to satisfy the statute of frauds. Here,
Periodic Tenancy
A periodic tenancy continues for successive intervals or periods until terminated by proper notice by either party. Proper notice is usually at least equal to the length of the period itself, unless the parties have otherwise agreed in the lease or the period is longer than 1 year at which point 6 months notice is sufficient. Here,
Tenancy at Will
A tenancy at will is a tenancy for no fixed duration of time and endures for as long as the Landlord and Tenant desire. A tenancy at will is created by express agreement and may be terminated at the will or either the landlord or tenant. Here,
Tenancy at Sufferance
A tenancy at sufferance arises when a tenant wrongfully remains in possession after the expiration of a lawful tenancy and lasts only until the landlord takes steps to evict the tenant or holds tenant to a new tenancy (usually a periodic tenancy from month to month). Here,
Termination of Lease
Oral or Written? Timely?
Assignment/Sublease
Unless there is an express restriction in the lease, a tenant may freely transfer his leasehold interest, in whole or in part. This transfer is referred to as either an assignment or a sublease.
Assignment
An assignment occurs when the original tenant transfers completely the entire remaining term interest to a third party or assignee.
Rights Against Assignee
Thee assignee and the landlord are now in “privity of estate”. Privity of estate means that each is liable to the other on all covenants in the lease that “run with the land” and requires the assignee to directly pay rent to the landlord. Here,
Rights Against Assignor (Original Tenant)
After assignment, the original tenant is no longer in privity of estate with the landlord but remains in privity of contract, meaning that he is liable on the origianl contractual obligation to pay rent and all other covenants in the lease. Here,
Sublease
A sublease occurs when the original tenant transfers a portion of his remaining interest to a third party or the sub lesee. Here,
Rights Against Sub Lessee
The sub lessee is neither in privity of contract nor privity of estate. Therefore, the original tenant is liable on the original contractual obligation to pay rent and all other covenants in the lease. Here,
Covenants that Run with the Land
A covenant runs with the land if the original parties to the lease so intend, and if the covenant “touches and concerns” the leased land. To touch and concern the land, the agreement must burden one party while benefiting the other, respecting their interest int he property. Here,
