Landlord Tenant Flashcards
Leasehold Estate
A leasehold estate 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.
- for years
- periodic
- at will
- at sufferance
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 NECESSARY
Periodic tenancy
A periodic tenancy is a lease which continues at successive intervals or periods until terminated by either party. PROPER NOTICE NECESSARY. Notice is usually at least equal to the length of the period itself, unless the agreed period is longer than one year at which point 6 months is sufficient notice.
Tenancy at will
A tenancy at will is a leaser no fixed period of time and endures for as long as the LL and T desire. TAW is created by express agreement and may be terminated at the will of either LL or T.
Tenancy at sufferance
A tenancy at sufferance arises when a T wrongfully remains in possession after the expiration of a lawful tenancy and lasts only until the LL takes steps to evict the T or holds T to new tenancy.
landlord Duties
DHQRSM - deliver, quiet use and enjoyment, no relatiliatory eviction, no self help, mitigate damages
Tenant Duties
PWIA - Pay rent, avoid waste, no illegal activity, duty to not abandon