Landlord/Tenant Flashcards
4 kinds of landlord/tenant estates
- Tenancy for years
- Period tenancy
- Tenancy at Will
- Tenancy at Sufferance
Tenancy for years
estate measured by a fixed and ascertainable amount of time (any length of time)
Does SOF apply to tenancy for years?
Yes, for leases longer than 1 year - must be in writing
(3 years in PA)
lease subject to SOF is voidable until tenant takes possession and landlord accepts rent
Termination of Tenancy of years
occurs AUTOMATICALLY at the expiration of the term
but also breach usually gives rise to a right to terminate
Periodic tenancy
repetitive, ongoing estate measured by a set period of repetitive time (month-to-month)
NO predetermined termination date
How is a periodic tenancy created?
express agreement, implication (failure of express agreement to mention a termination date) or operation of law (ex: holdover tenant)
termination of a periodic tenancy
Because it automatically renews, notice is required
Notice must be given before the beginning of the intended last period
Tenancy at Will
leasehold that does NOT have a specific term and continues until terminated by either the landlord or the tenant
Creation of a tenancy at Will
Express agreement
OR implication of BOTH tenant and landlord (compare to holdover tenant) if person is allowed to occupy the premises
UNLESS TAW is explicitly created, paying of rent CONVERTS tenancy at will into a periodic tenancy
Termination of a tenancy at will
can be terminated by either party without advance notice BUT tenant had to be given reasonable time to vacate
BUT most states require party give advance notice now
If agreement gives only landlord right to terminate at will, reciprocal right to tenant is implied (opposite is NOT true)
Tenancy at sufferance
Holdover tenant - period of time after the expiration of a lease during which the tenant remains on the premises without the landlord’s permission
Created by actions of the tenant alone
termination of a tenancy at sufferance
tenant leaves or landlord evicts
Tenant obligated to pay reasonable value of his use and occupancy and reasonably foreseeable special damages that result from the holdover
2 basic duties of a tenant
- pay rent
2. avoid waste
2 exceptions to the duty to pay rent
- Destruction (ex: flood) as long as tenant isn’t responsible
- Material breach of lease by the landlord (ex: implied warranty of habitability in a RESIDENTIAL lease)
Are tenants able to make improvements? (Ameliorative waste)
Tenant able to make changes to the physical condition of a property that increases the value IF REASONABLY NECESSARY for the tenant to use the property in a reasonable manner
CONTRACTUAL duty to repair
In commercial lease - if specifies tenant must “repair and maintain” the property, tenant generally liable for all damages (unless the landlord is responsible). If damage is significant (ex: fire) read narrowly
Residential lease - generally VOID
Landlord remedy for failure to pay rent
- Evict (material breach)
2. sue for damages (ONLY what has become due - anticipatory repudiation does not apply to leases)
Landlord remedy for abandonment
retake
Also duty to mitigate by making an effort to re-rent (can hold tenant liable for any gap)
Holdover tenants and new periodic tenancy
Instead of evicting, landlord can bind holdover tenant to a new periodic tenancy
Either inform them of this, or accept rent
Length is determined by the rental calculations (when rent was due) under the prior lease
4 duties of a landlord
- give actual possession
- duty to repair (residential only, usually)
- Warranty of habitability (residential only)
- covenant of quiet enjoyment
Warranty of habitability
property is reasonably suited for residential use
failure to comply with housing code = breach of warranty of habitability
cannot be waived by the tenant
If not habitable - can refuse to pay rent, remedy and offset, defend against eviction
Covenant of Quiet enjoyment
implied in EVERY lease (commercial and residential)
Breached when possession of the tenant is disrupted (by landlord or agent)
LL not liable for acts of other tenants, but duty to take action against nuisance-like behavior
Breach by LL = actual or constructive eviction
Constructive eviction
if LL breaches a duty to the tenant that SUBSTANTIALLY interferes with tenant’s use and enjoyment
Tenant’s obligation to pay rent is excused ONLY if the tenant gives notice and adequate time for the landlord to fulfill his duty AND vacates in a reasonable time
tort liabilities for tenants/landlords
Tenant = duty of care to invitees, licensees, foreseeable trespassers. NOT violated by failure to remove snow/ice
Landlord = injuries in common and public areas, or those from a hidden defect or faulty repair
