Landlord / Tenant Flashcards
Tenancies for Years (TFY)
Def: Leasehold estate that continues for a fixed period of time with a termination date (end date)
Creation: Usually written, subject to SOF
Termination: No notice is required to end it at that date; can be terminated early if a covenant is breached (L usually reserves right of entry); can be terminated by surrender (in writing for SOF)
Periodic Tenancies
Def: Yearly, monthly, weekly, etc. until terminated by proper notice by either party
Creation: Express, implied (if rent is supposed to pay monthly and has no end date), or as a MOL (T holds over and L decides to treat him as a periodic T)
Termination: Automatically renewed unless notice is given (1 lease term or six months for yearly lease)
Tenancies at Will
Def: Terminable at the will of either L or T; must have right to terminate at will
Creation: Specific understanding between parties that either party may terminate; must be express
Termination: Either party may; as MOL, terminates when either party dies, T commits waste, T attempts to assign, L transfers his interest, or L executes a term lease to a 3P
Tenancies at Sufferance
Arises when T wrongfully remains in possession after lease expires or after L has exercised power of termination; T is liable for rent
Termination: Once L takes steps to evict T
Hold-Over Doctrine
When T continues in possession after the termination of his right to possession the L can evict or create a periodic tenancy, thereby binding him to the terms of the old tenancy (unless T was notified that rent was increasing)
Waste
(1) Voluntary: T intentionally or negligently damages premises or exploits minerals unless it was previously exploited; (2) Permissive: T neglects to make ordinary repairs to keep property in same condition as at the commencement of the lease term; (3) Ameliorative: T makes substantial alterations that increase value of property
Covenant to Repair
Residential: L must repair under implied warranty of habitability regardless of covenant
Nonresidential: If T covenants to repair, must repair (look to covenant to decide whether it includes ordinary wear and tear)
L’s Remedies
If T is still on property but fails to pay rent, L can evict or sue for rent
If T abandons property unjustifiably, L may terminate lease, do nothing and sue for rent, or repossess and relet (majority)
Quiet Enjoyment
Implied covenant that L/3P with paramount title will not interfere w/T’s quiet enjoyment and possession of the premises; breached by eviction (incl. constructive)
Eviction (Actual, Partial, Construtcive)
Actual: L excludes T from entire leased premises
Partial actual: T is physically excluded from part of the leased premises (even minor part); if by L, whole rent recovered, but if by paramount title holder, rent apportioned
Constructive: L substantially interferes w/T’s use and enjoyment of the premises; T must notify L and give a reasonable time to repair; T must actually leave the premises; T may terminate the lease and seek dams
Implied Warranty of Habitability
Residential only; conditions must be suitable for human residence; T needn’t actually leave the premises, but she can. She can also make repairs and offset the cost against future rent payments, abate rent, terminate the lease, or sue for dams
Retaliatory Eviction
If T reports housing code violations, L cannot terminate T’s lease in retaliation or raise rent, etc.
Assignment
T makes a complete trasnfer of the entire remaining term; allowed unless expressly restricted; T may reserve a right of termination
Sublease
T makes a transfer of some of the remaining term and retains some for himself; allowed unless expressly restricted
Consequences of Assignment
Assignee stands in shoes of original T in direct relationship with L (privity of estate) and is liable for all covenants that run with the land; must pay rent to L; original T still liable to L (privity of K)
