landlord tenant law Flashcards
leasehold:
an estate in land; under which tenant has PRESENT POSSESSORY INTEREST and landlord has FUTURE INTEREST (reversion)
the four leasehold estates:
i. tenancy for years
ii. periodic tenancy
iii. tenancy at will
iv. tenancy at sufferance
tenancy for years
lease for fixed, determined period of time
periodic tenancy
continuous in successive intervals until properly terminated (no end date!)
periodic tenancy - creation (express and implied)
express: month to month, year to year, week to week, etc.
implied: lease does not mention duration, but rent is paid at set intervals; OR
oral agreement that violates SoF, but payments are made regularly; OR
tenant stays past expiration but continues to pay rent
periodic tenancy - termination
(usually written) notice must be given. notice equal to length of period itself
tenancy at will
a tenancy of no fixed period of duration, terminable at landlord or tenant’s will; for example, “to to for as long as L or T desires”
tenancy at will - creation
must be created by an express agreement that LEASE CAN BE TERMINATED AT ANY TIME; otherwise, courts treat it as an implied periodic tenancy based on the regular rent payments
tenancy at will -
who can terminate? when?
theoretically, by either party at any time; BUT most states now require notice and reasonable time to vacate
tenancy at sufferance - when created?
tenant WRONGFULLY holds over, or remain in possession past the lease expiration
tenancy at sufferance - termination
SHORT-LIVED; lasts until landlord either:
1. EVICTS the tenant; or
2. elects to hold tenant to new PERIODIC tenancy
tenant’s primary duties
- repair
- pay rent
if lease is silent on tenant’s duty to repair, what is tenant’s obligation?
- obligation to MAINTAIN premises; and
- obligation to not COMMIT WASTE
what does it mean for a tenant to MAINTAIN a premises?
tenant must make routine repairs other than those attributable to ORDINARY WEAR AND TEAR (which are the landlord’s responsibility)
3 types of waste
- voluntary (affirmative) waste
- permissive waste
- ameliorative waste
voluntary waste:
results when T’s overt conduct damages the premises
permissive waste
T fails to take reasonable steps to protect premises from damage from the elements
ameliorative waste
T unilaterally alters the leased property, increasing its value
ameliorative waste - rule and modern exception
RULE: T liable for cost of restoration
MODERN EXCEPTION: change acceptable if T is long-term tenant, AND change reflects changes in the neighborhood
residential tenant’s covenant to repair
LL usually remains obligated to repair under the nonwaivable “implied warranty of habitability”
EXCEPTION: LL not obligated to repair damages caused by T
nonresidential tenant’s covenant to repair
is enforceable; LL may get damages for breach if property not repaired at end of lease term
