Landlord & Tenant Issues Flashcards
Lease
Provides tenant w/present possessory interest and gives LL future interest.
Under SOF, must be in writing
Tenancy for Years
Lasts for a fixed period of time. Lease automatically terminates after period ends. Generally, Tenant cannot terminate lease prior to end of term
Periodic Tenancy
Lasts for an initial period and then automatically continues for additional equal periods (weekly/monthly) until terminated by LL or tenant
May be created:
1) by express agreement
2) by implication if rent is paid at speciic periods
3) by law when T remains after termination
Can be terminated
1) at end of natural lease period
2) requires written notice for at least a full period in advance (6 months for year to year)
Tenancy at Will
Created expressly & continues until either party terminates it.
Termination requires
1) notice
2) reasonable time to quit premises
Duty to Pay Rent
T has duty to pay rent. If T doesn’t pay rent, LL may
1) initiate eviction proceedings
2) allow T to remain & sue for damages
If T abandons, LL may be required to mitigate losses
Implied Warranty of Habitability
Implied in every residential lease. Requires LL to provide a habitable premise that is suitable for human needs (electricity, water, heat, sound structure).
If breached, T may
1) move out & terminate
2) withhold/reduce rent
3) repair & deduce
4) remain & sue
Constructive Eviction
Every lease has implied covenant of quiet enjoyment, which prevents LL from interfering w/T’s quiet enjoyment and possession of property.
Occurs when:
1) LL breached duty
2) breach caused loss of substantial use & enjoyment
3) T gave LL Notice
4) LL failed to remedy condition w/in reasonable time after notice
5) T vacated premises
T can terminate lease, seek damages, and avoid rent owed during period of constructive eviction
Assignment of a Lease
Assignment is a T’s transfer of all his remaining interest in a lease to a 3rd party. Assignee is liable to LL for rent and all other covenants. Assignor still remains liable to LL for any rent not paid.
LL can waive prohibition on assignment if he accepts rent from an assignee.
Lease is freely assignable unless lease agreement states otherwise. Assignment can’t extend past remaining lease term.
LL Duty to Mitigate
LL must take reasonable steps to mitigate his losses, but doesn’t need to be successful to recover damages.
Sublease
T can freely sublet unless lease says otherwise. Sublease is a transfer of a portion of remaining lease interest.
Sublessee not liable to LL for rent because no privity of estate w/LL.
Sublessee can’t enforce LL covenants, but can enforce sublessor covenants
Duty to Make Repairs
Generally LL has no duty to make repairs or maintain the property unless it’s in relation to implied duties of habitability & quiet enjoyment.
Duty to Deliver Possession
Under traditional law, LL only needed to deliver legal possession of the premises (American rule). However most jurisdictions have ruled that the LL has duty to deliver actual possession of the premises (English rule).
