Landlord / Tenant Flashcards
Four leasehold for nonfreehold estates
Tenancy fo years
periodic tenancy
tenancy at will
tenancy at sufferance
Tenancy for Years
Lease for a fixed period of time
You know the termination date from the start, no notice needed
Could be 2 days or 50 years
SOF: term of years greater than one year must be a in a writing got be enforceable
Periodic Tenancy Definition
lease that continues for successive intervals, or until L or T gives notice of termination
Creation of Periodic Tenancy
(and two methods by implication)
“to T from month to month”
“To T, with rent payable on the first day of every month”
Oral term of years in violation of SOF: creates an implied periodic tenancy, measured by way rent is tendered
holdover: in residential lease, if L elects to holdover a T who has wrongfully stayed on past expiration of lease, implied periodic tenancy arises by the way rent is tendered
Termination of Periodic Tenancy
notice, usually written, must at least be equal to the lenght of the period itself unless otherwise agreed
exception: if tenancy is from yerar to year or more, 6 months notice is requried
must end at conclusion of natural lease
Tenancy at will
No fixed duration
payment of regular rent will cause a court to treat this as implied periodic tenancy
termination: by either party at any time, with reasaonable demand to vacate (in NY: 30 days)
Tenancy at sufferance
when T has wrongfully held over
lasts until either L evicts T, or L holds T to a new tenancy
New York: L’s acceptance of rent will create implied periodic tenancy, unless otherwise agreed
Hold Over Doctrine
Landlord may:
- evict
- bind him to a new periodic tenancy
commerical - usually year to year
residential - usually month to month
exceptions where L cant bind T to new lease:
- T is in possessino for only a few extra hours
- delay is not T’s fault (illness)
- seasonal lease
Tenant’s Duties to Third Parties
T must keep property in good repair
T is liable for injuries sustained by TP that was invited in, even if L prmoised to make all repairs (T may seek indemnification from L)
Tenant’s Duties to Repair
T must maintain premises and make ordinary repairs
T must not commit waste (voluntary, permissive or ameliorative)
Destruction of Premises without fault
Neither party has a duty to restore premises (unless expressly covenatned in the lease)
T still has a duty to pay rent - but may end lease, even in face of express covenant to repair
historicaly: T always had to repair
New York: T may quit permises and surrender without any further duety to pay rent - unless there is a covenant to repair
Duty to Pay Rent
Most states say if leasehold terminates before time originally agreed, T must pay proportionate amount
Landlord Remedies for failure to pay rent
Evict or Sue for rent
L must NOT engage in self help - in NY this entitles T to treble damages
Landlord Remedies for an abandoning tenant
L has duty to mitigate damages be seeking to relet premises.
T’s liability depends on wehther the L has accepted the surrender or not. if not: Ti s liable for the difference between promised rent and FRV. if surrender is found, T is free from rent liability accruing after abandonmnet
If unexpired term is greater than one year - T’s surrender must be in writing to meet the SOF (this is sent by L and doesnt have to reach T)
minority: hold T responsible for unpaid rent, as if T were still there
New York: does not require mitigation
Landlord Duties
Duty to Deliver Possession
Implied Covenant of quiet enjoument
implied warranty of habitability
Duty to Deliver Possession
majority: physical possession
minority: legal possession
Prohibiting Assignment/Sublet
can be done in lease
once consent to one transfer by T is granted, L waives the right to object to future transfers by that T, unless expressly reserves the right
New York:
- T may not assign without L’s consent
- L can unreasonably withold consent to assignment (T’s sole remedy is to seek release).
- In a building with 4 or more unites, T has the right to sublet subject to written consent of L. Unreasonably withheld consent is deemed consent.
Implied Warranty of Habitability
and T’s options upon breach
residential only, nonwaivable
premises must be fit for human dwelling
T may:
- temriante lease
- make repairs an offset cost in rent
- abate rent (and put money in escrow to show good faith)
- remain, pay rent, sue for damages
Implied Covenant of Quiet Enjoyment
neither L nor paramount title holder will interfere with T’s quiet enjoyment and possession
commerical and resdiential
breached by:
actual eviction
partial eviction (relieves T of obligatoin to pay rent for entire premises if by L)
Constructive eviction (Substantial interference, T must notify L and L must fail to respond. T must vacate within reasonable time)
Assignment
L’s consent may be required
A1 and L and in privity of estate
A1 and L are not in privity of contract (T and L are in privity of contract)
A1 is liabel to L on all covenants that run with the land.
T is liable for rent and all other covenants
Sublease
L consent may be required
S1 and L are not in privity of estate (T is in privity of estate with L)
S1 and L are not in privity of contract (T is in privity of contract with L)
S1 is not personally liable on any covenants in the original lease and cannot enforce L’s covenants
T is liable for rent and all other covenatns in the lease, and can enforce L’s covenants
Landlord’s Tort Liability/Caveat Lessee/Exceptions
Common Law: L had no duty to make premises safe.
Today: Exceptions:
- Comon area
- Latent defects rule (duty to warn, not repair)
- Assumption of repairs (must be done reasonably)
- Public Use Rule
- Short term lease of furnished dwellings
Law of Fixtures
Fixtures pass with ownership of the land
Removing is voluntary waste, because it objectively shows the intent to permanently improve the propertyIf removal causes substantial damage
Ie: heating system, furnace, storm windows, lighting
Qualifies when: express agreement, but without agreement T may remove a chattel she installed if it does not cause substantial harm to the premises.
