Landlord/Tenant Flashcards
What is a term for year/lease? (Doesn’t have to be for living arrangements, can be a lease for a car as well)
Term For Years/Lease (Natural termination upon expiration of term)
Conveyance of a possessory “tenancy” interest in land (not a freehold estate) for a fixed ascertainable period of time
a. Must comply with SOF if longer then 1 year
b. Recording statute protection for later purchasers (should be recorded if long term to protect later purchasers)
c. Easements and covenants that run with the land will apply
d. fully alienable unless contract says otherwise
What are the 4 types of leaseholds?
- Tenancy for term
- Periodic Tenancy
- Tenancy at will
- Tenancy at sufferance
What are the characteristics of a tenancy for term?
Tenancy for Term: O→A for 1 year
• For fixed/definite period
• Duration-term specified
• Termination-automatic (no notice)
What are the characteristics of Periodic Tenancy?
Periodic Tenancy (term to term) • Not for fixed period • Duration- term automatically renew (thought of as continuous, until termination) • Termination-notice by either party at least one term in advance (but typically not longer 6 months)and ends later at end of next term (never be in the middle)
What are the characteristics of Tenancy at Will?
Tenancy at Will
• Not a fixed period
• Duration until terminated
• Termination immediate by notice of either party→Notice; death of either party; landlord conveys reversion; landlord leases for term
**Reasonable period for tenant to remove property
What are the characteristics of Tenancy at Sufferance?
Tenancy at Sufferance (holdover tenant)
• Landover may elect to either evict holdover tenant or treat holding over as creating a new tenancy (usually term to term)
• Holdover can include keeping the keys or stuff in the apart
What are the remedies for landlord when a tenant is in breach?
Landlord Remedies
(i) eject you (constructive=change the locks)
(ii) forcible entry;
(iii) sue for back rent;
(iv) distraint(self-help-pretty much abolished)
b. Summary Eviction
How does Summary Eviction work?
By lease provision or statute tenant’s breach of affirmative covenant to pay rent will terminate the lease (LL and Tenant’s cov’s are independent of one another)
- LL has possibility of reverter
- LL has power of termination
(i) tenant’s breach of other covenants will typically terminate the lease (if language in lease)
(ii) LL only has to give you short notice
(iii) Expedited process
(iv) Only Issue: LL right to possession (typically is rent due and unpaid?)
(v) There is no affirmative defense to the breach
(vi) Judgment (eviction and back rent)
* *NOTE: Co-tenants→where a lease contains an option to renew→1 co-tenant can’t legally bind the other (Bockelman)
What are the rights and obligations of a LL?
- Implied cov. to quiet enjoyment (if there is a substantial interference with tenant’s use and enjoyment and they can prove it they may cease rent, claim damages for relocating, difference between reserved rent and fair rental value of premises)
- LL must keep habitable, maintain utilities (to counter take as is)
- LL failure to control conduct of other tenants (implied that tenants will not disturb others, implied duty to evict bad tenant)(Blackett)
- Right to evict by paramount title or physical eviction (by LL or agents)
- LL could be obligated to any other specified covenants
What are the tenants rights and obligations?
- Duty to pay rent, liable for waste
- May cancel or sue for damages for fraud or material defects substantially effecting habitability
- Modern: Rent covenants may cease if destruction of property by LL or someone else (not your fault) (C.L. rent covenant continues)
- If breach of habitability-renter must give notice and fair opportunity to cure (termination of lease, rent withholding till problem fixed, rent reduction, damages, injunctive relief/specific performance, repair and deduct, housing code inspector orders repairs)
- Renter can pay rent to escrow agent (court clerk), if you are wrong about the breach, you won’t get evicted
What is caveat emptor? How does this apply today?
- Caveat Emptor=take it as it is (no implied covenants)
- In the absence of a housing code, must be an implied warranty in fact-evidence the LL intended to warrant the habitability
- Modern trend=away from this, LL and Tenant’s obligations are dependent (implied warranty of habitability)
What happened in Javins v. First National Realty?
Tenant at housing complex did not pay rent for 1 month, LL sought possession bc of this, appellant alleged numerous violation of housing code as defense
- Court says= LL makes implied warranty of habitability, standard of habitability will be set by the relevant housing codes
- Court traditionally used caveat emptor-there was no express warranties-housing code violation occurred after tenant moved in
