Landlord Tenant Law Flashcards
What is a leasehold?
It’s a nonfreehold estate.
A legal interest that entitles the tenant to immediate possession of designated land, for either a fixed period of time or for as long as the tenant and/or landlord want.
Who is the lessor in a leasehold?
Landlord
Who is the lessee in a leasehold?
Tenant
What is the difference between a leasehold and a license or easement?
leasehold has the right of exclusive possession.
easement or license has right to use the land only.
What are the four types of leasehold estates?
- Term of years tenancy
- Periodic Tenancy
- Tenancy at will
- Tenancy at Sufferance
What is a Term of years tenancy?
It endures for a designated period of time that is either fixed (like 5 years) or using a formula. It also ends without notice of termination.
What is a periodic tenancy?
Lasts for an initial fixed period (like one month) then automatically continues for additional equal periods until either landlord or tenant gives advanced notice.
Classic example of month to month lease
What is Tenancy at will?
No fixed duration and endures only so long as the landlord and tenant desire.
Most of the time these are created by implication not an express agreement.
What is Tenancy at Sufferance?
Arises when a person who had rightful possession continues after right ends.
How long must a lease be before it needs to be in writing?
1 year under Statute of Frauds
What is constructive eviction?
Occurs when wrongful conduct of the landlord substantially interferes with the tenant’s use and enjoyment of the leased premises.
What is the Illegal Lease Doctrine?
a lease of unsafe and unsanitary premises that violate the local housing code is deemed illegal - and thus unenforceable-contract, allowing the tenant to withhold rent but remain in possession.
What is Implied warrant of habitability?
Each residential lease is deemed to contain an implied warrant that the landlord will deliver the premises in habitable condition and maintain them in that condition during the lease term.
What are the remedies for implied warranty of habitability?
Tenant must notify the landlord of the defect and allow a reasonable time for repairs to be completed.
If landlord fails to act T may:
- withhold rent
- sue for damages
- repair and deduct cost from rent
What is landlord liability for personal injury?
Modern trend requires residential landlord to exercise reasonable care to prevent injuries.
What happens if a T affixed a chattel to the property?
Any chattel permanently affixed to the premises by the T was a fixture, and became property of landlord.
What is an Assignment of a lease?
T transfers right of possession for the entire remaining term of the lease.
What is a sublease?
Only part of the remaining lease term is transferred vs the entire remaining term.
Explain the triangle relationship in assignments.
An assignment creates a triangle of relationships among the original lessor, the original lessee who transfers her right (the assignor) and the person who receives the right (the Assignee).
Privity of contract continues between the lessor and the assignor; privity of contract is created between the assignor and the assignee, and privity of estate arises as a matter of law between the lessor and the assignee.
What are the rights and duties in assignments?
The assignor remains liable to the original lessor for all covenants in the original lease, because they remain in privity of contract, absent a novation. The privity of estate between the lessor and assignee requires both of them to perform those covenants in the original lease that run with the land, and as a practical matter, most lease covenants do so run. For. EX. suppose a leases to B who assigns to C. If no one pays rent to A both B and C are liable.
What is a sublease?
A sublease creates a new landlord tenant relationship. Suppose A leases to B, and B (as sublessor) leases to C (as sublessee). Privity of contract and privity of estate remain between A and B; privity of contract and privity of estate arise between B and C.
what are the rights and duties of sublease?
A sublessor remains liable to the original lessor for all covenants in the original lease. The sublessee is liable to the sublessor for the covenants in the sublease. However, the sublessor has no obligations to the original lessor.
What is a surrender in tenancy?
An express surrender arises when the landlord and the tenant mutually agree to terminate the lease, ending their respective rights and duties.
What is abandonment?
Occurs when the tenant 1 vacates the premises without justification, 2 lacks the present intent to return, and 3 defaults in the payment of rent.
What are the common law rights of LL when T abandons?
L could chouse among 3 options:
1 leave premises vacant and sue later for accrued rent
2 mitigate damages by reletting the premises to a new tenant and then sue the original tenant for the unpaid balance
or 3 terminate the lease.
- today most jurisdictions require that the landlord either mitigate the damages or terminate the lease.
