Landlord/Tenant Law Flashcards
1
Q
Term of Years
A
- Has definite beginning and end
- may be explicitly stated from certain date to certain date or certain to date to certain event.
- Reversion back to L at the end of the term of years
- Freely transferrable/alienable (can be devised at death)
- No Notice Required to terminate (automatically expires at the end of the term)
- Could be determinable
2
Q
Term of Years
A
- Has definite beginning and end
- may be explicitly stated from certain date to certain date or certain to date to certain event.
- Reversion back to L at the end of the term of years
- Freely transferrable/alienable (can be devised at death)
- No Notice Required to terminate (automatically expires at the end of the term)
- Could be determinable
3
Q
Periodic Tenancy
A
- Lasts for an initial fixed period of time and automatically continues until properly terminated
- month to month; year to year
- Can only be ended on LAST DAY OF THE MONTH
- Notice required to terminate equal to the period or up to 6 months.
- month to month= 1 month notice; year to year= 6 months notice
4
Q
Tenancy at Will
A
- No fixed period
- can terminate as soon as one wants to do so
- can be created expressly but almost always forms by implication
- Default when courts can not determine the type of L/T relationship
- Generally no notice required
- L may not strong arm T for trying to terminate
5
Q
Tenancy at Sufferance
A
- created when T remains in possession after the termination of the tenancy
- L has two options: (1) evict; or (2) enter into new relationship with the T
6
Q
Constructive Eviction
A
- T may terminate lease, leave premises and not pay rent when, through the fault of L, there has been SUBSTANTIAL INTERFERENCE with the USE AND ENJOYMENT of the premises.
- T must give notice of defects and allow a reasonable amount of time for L to repair
- T must also move out in a timely manner
7
Q
Sublease
A
- Entire interest is not conveyed to T1
- Privity of K & E between L & T
- Only privity of L between L & T1 if there is a 3rd party beneficiary relationship. i.e. (T1 agrees to headlease; or T1 agrees to pay L directly).
8
Q
Assignment
A
- Entire interest is conveyed to T1
- Mutual, immediate, simultaneous interest held by L and T.
- Privity of E between L and T in possession
- Privity of K between L and and T that agreed to headlease or to pay T directly.
- Privity of K between L & T unless there is novation
9
Q
Tenant Transfers
A
- First ask what the lease says about transfers.
- Nothing= Transfer allowed
- Approval Clause= it depends
- (Majority Rule) L may unreasonably withhold consent
- (Minority Rule) L may not unreasonably withhold consent unless he has a justifiable commercial justification (may not be personal)
10
Q
Self-Help
A
- (Majority Rule) L may use self help as long as its peaceful.
- (Modern Trend) L must use judicial process because it avoids confrontations and also because courts can expedite evictions quickly.
11
Q
Abandoning Tenant
A
- L can accept surrender
- ends tenancy
- no future rent due
- Damages= lease rent for term minus FMV (L would only get damages if market went down)
- L can refuse Surrender
- (Majority Rule) L must use reasonable efforts to mitigate damages (re-let, show apartment, put back in stock, advertise)
12
Q
Delivery of Possession
A
- English Rule (Majority): L has a duty to provide T with actual possession on the 1st day of the tenancy.
- Policy= L is in a better place to evict a trespasser than T.
- American Rule (Minority): L only has to provide T with legal possession (keys) on the 1st day of the tenancy.
13
Q
Covenant of Quiet Enjoyment
A
- T won’t bet disturbed by someone with superior title
- Implied in every residential and commercial lease
- Remedy= Constructive Eviction or T may stay in possession and sue for damages.
14
Q
Implied Warranty of Habitability
A
- Implied in all residential leases
- cannot be waived
- Safe, clean, and fit for human habitation.
- Latent (before move in) and Patent (after move in) defects
