Landlord/Tenant and Fixtures

Question 1

The Tenancy for Years

Answer 1

• The Tenancy for Years (also known as the Estate for Years or the Term of Years):

1. A Lease for: fixed period of time, could be 2 months or 50 years
   
   • When you know termination date from the start, have tenancy for years
2. NO Notice is needed to terminate because a term of years states from the outset when it will terminate:
3. A term of years greater than one year: must be in writing, to be enforceable because of the Statute of Frauds.

Question 2

The Periodic Tenancy

Answer 2

1. Lease which continues for successive intervals until L or T give proper notice to terminate
2. The periodic tenancy can be created expressly. For example, L conveys: month to month, year to year, week to week.
3. The periodic tenancy can also arise by implication, in any one of three ways:
   
   1. Land is leased with no mention of duration, but provision is made for payment of rent at set intervals.
   2. An oral term of years in violation of the Statute of Frauds creates: an implied periodic tenancy measured by the way rent is tendered.
   3. The holdover tenant: In a residential lease, if L elects to hold over a T who has wrongfully stayed on past the conclusion of the original lease: an implied periodic tenancy arises measured by way rent is tendered
4. How to terminate a periodic tenancy: notice usually in writing must be given AND at common law notice at least equal to length of period itself, unless otherwise agreed (month, week, year/6-months)
   
   • the parties may lengthen or shorten these common-law prescribed notice provisions in K.
   • The periodic tenancy must end at the conclusion of a natural lease period. Ex. Month-to-Month, Notice May 15, T bound until June 30th.

Question 3

The Tenancy at Will & Tenancy at Suffrance

Answer 3

1. The Tenancy at Will: Tenancy for NO FIXED DURATION UNLESS
   
   • ​​Unless the parties expressly agree to a tenancy at will, the payment of regular rent will cause a court: to treat this as an implied periodic tenancy
   • The tenancy at will may be terminated: by either party at any time, a reasonable demand to vacate is usually needed
2. The Tenancy at Sufferance:
   
   • It is created when T has wrongfully held over past the expiration of the lease. We We give this wrongdoer a leasehold estate (the tenancy at sufferance), to permit L to recover rent.
   • The tenancy at sufferance lasts only until L either evicts or decides to hold T to new lease.

Question 4

Tenant’s Liability to Third Parties

Answer 4

1. T’s liability to third parties: Matter of Tort Law
   
   • T is responsible for keeping the premises: in good repair
   • T is liable for injuries sustained by invited third parties, even where L made all promises to repair

Question 5

Tenant’s Duty to Repair-Silent and Expressely Covenated

Answer 5

DUTY TO REPAIR WHEN LEASE SILENT

1. Standard: T must maintain premises and make ordinary repairs
2. T Must not Commit Waste:
   
   1. Voluntary Waste: overt destruction
   2. Permissive Waste: neglect
   3. Ameliorative Waste: Changes that increase value
3. The Law of Fixtures

DUTY TO REPAIR WHEN T EXPRESSELY COVENANTED in the lease to maintain the property in good condition for the duration of the lease:

• At common law, historically: T was liable for any loss to the property, including due to the force of nature
• Today, the majority view: T may end the lease if the premises are destroyed without T’s fault

Question 6

The Law of Fixtures

Answer 6

• Law of Fixtures will walk with Waste Doctrine
  
  • when a tenant removes a fixture commits voluntary waste
• FIXTURE: is a once movable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve realty
  
  • heating systems, furnace, light installations
• T MUST NOT REMOVE A FIXTURE, NO MATTER THAT SHE INSTALLED IT
  
  • FIXTURES PASS WITH OWNERSHIP OF THE LAND

How to tell when a tenant installation qualifies as a fixture:

1. Express agreement controls: any agreement on point is binding
2. In the absence of agreement, T may remove a chattel that she has installed so long as: removal does not cause substantial harm to premises.
   
   • ​​If removal will cause substantial damage, then in objective judgment T has shown: the intent to install a fixture (it stays put)

Question 7

Tenant’s Duty to Pay Rent - SIR

Answer 7

1. T breaches this duty and is in possession of the premises:
   
   • _​​_Landlord’s only options are to evict through courts or continue relationship or sue for rent.
   • If L moves to evict, she is nonetheless entitled to rent from the tennat until the tenant, whos is not a tenant in suffrance, vacates.
   • LANDLORD MUST NOT: engage in self-help, changing locks, forcibly removing T or T’s possessions.
     
     • Self-help is flatly outlawed, and is punishable civilly and criminally
2. T breaches this duty but is out of possession: Remember SIR
   
   1. Surrender: T shows by words or actions that she wants to give up lease
      
      • L could choose to treat T’s abandonment as an implied offer of surrender which L accepts
      • If the unexpired term is greater than one year: surrender must be in writing to satisfy statute of frauds.
   2. Ignore the abandonment and hold T responsible for unpaid rent, just as if T were still there. This option only in a minority of states.
   3. Re-let the premises on the wrongdoer tenant’s behalf, and hold him or her liable for any defficiency.
      
      • Majority Rule: Good faith Mitigation Principle (try to re-let)

Question 8

Duty to Deliver Possession

Answer 8

The majority rule requires that L put T in actual physical possession of the premises. Thus, if at the start of T’s lease a prior holdover T is still in possession L has breached duty and the new T gets damages.

Question 9

The Implied Covenant of Quiet Enjoyment- SING

Answer 9

• Applies to both Residential and Commercial leases. T has a right to quiet use and enjoyment of premises without intereference from L.

1. Breach by actual wrongful eviction: Occurs when L meaningfully evicts T or excludes T from premises.
2. Breach by Constructive Eviction: Remember SING
   
   1. ​Substantial Interference: due to L’s pattern of failures, could be chronic need not be permanent
   2. Notice: T must give L notice of problem, L must fail to act meaningfully
   3. Goodbye: T must vacate within a reasonable time of problem or get out.

• Landlord GENERALLY NOT liable for acts of other tenants: TWO EXCEPTIONS
  
  1. L must not permit nuissance on site
  2. L must control common areas (stairwells etc.)

Question 10

The implied warranty of habitability MR³

Answer 10

1. Applies only to Residential Lease AND NON-WAIVABLE
2. Standard: Premises must be fit for basic human habitation, bare living requirements (running water, heat, etc.)
   
   • appropriate standard may be supplied by local housing codes or case law.
3. T’s entitlements when the implied warranty of habitability is breached: Remember M R³
   
   1. ​M: Move out, end lease, w/in right but doesn’t have to
   2. R: repair and deduct from future rent
   3. R: reduce rent or w/hold all rent until court determines fair rental value. MUST place rent in escrow to show good faith
   4. R: Remain in possesion, pay rent and affirmatively seek money damages

Question 11

Retaliatory eviction

Answer 11

Retaliatory eviction: If T lawfully reports L for housing code violations, L is barred from penalizing T, by, for example, raising rent or ending the elase, or harrassing tenant, or taking other reprisals.

Question 12

The Assignment versus the Sublease

Answer 12

1. In the absence of some prohibition in the lease, a T may freely transfer his or her interest in whole (thereby accomplishing an assignment) or in part (thereby accomplishing a sublease).
   
   • In the lease, L can prohibit T from assigning or subletting without L’s: prior written approval
   • However, once L consents to one transfer by T, L waives the right to object to future transfers by that T, UNLESS L reserves the right.

Question 13

The Assignment

Answer 13

1. Consent: Landlord’s consent may be required by lease.
2. Privity of Estate: Assignee and Landlord are in privity of estate.
3. Privity of Contract: Assignee and Landlord are NOT in privity of contract. Original Tenant and Landlord remain in privity of contract.
4. Liability for Covenants in Lease:
   
   1. Assignee liable to landlord on all covenants tha run with the land (includes rent).
   2. Original Tenant remains liable for rent and ALL other covenants in the lease.

Question 14

Sublease

Answer 14

1. Consent: Landlord’s consent may be required by lease.
2. Privity of Estate: Sublessee and Landlord are NOT in privity of estate. Original Tenant remains in privity of estate with Landlord.
3. Privity of Contract: Sublessee and Landlord are NOT in privity of contract. Original Tenant and Landlord remain in privity of contract.
4. Liability for Covenants in Lease:
   
   1. Sublessee is NOT personally liable on any covenants in the original lease and cannot enforce the landlord’s covenants.
   2. Original Tenant remains liable for rent and all other covenants in the lease and can enforce the landlord’s covenants.

Question 15

Landlord’s Tort Liability-CLAPS

PA DISTINCTION

Answer 15

1. At Common Law, caveat lessee: L was under not duty to make premises safer.
2. TODAY, 5 Important Exceptions to Common Law. CLAPS
   
   1. ​Common Areas: L must maintain all common areas
   2. Latent defects rule: L must warn T of hidden defects that L knows about or should know about. Only duty to warn.
   3. Assumption of repairs: L who voluntarily makes repairs must complete them with reasonable care.
   4. Public use rule:
      
      • L who leases public space (such as: convention hall or museum), and who should know, because of nature of defect and not repair, is liable for any defects on the premises.
   5. Short term lease of furnished dwelling: L is liable for any defective condition on site
3. PA DISTINCTION: Duty of Reasonable Care, liable for injuries if coud’ve discovered condition and made it safe