Landlord/Tenant Law Flashcards
The Tenancy for Years (Estate for Years or the Term of Years)
1-a lease for a fixed period of time (2 months, 50 years, etc.)–when you know the termination date from the start, you have tenancy for years
2-because a term of years states from the outset when it will terminate, no notice is needed to terminate
3-a term of years greater than 1 year must be in writing to be enforceable because of the Statute of Frauds
The Periodic Tenancy
1-a lease which continues for successive intervals
2-the periodic tenancy can be created expressly–for example, L conveys to T from month-month, or year-year, or week-week
3-the periodic tenancy can also arise by implication, in any of 3 ways:
a. land is leased w/ no mention of duration, but provision is made for payment of rent at set intervals
b. an oral term of years in violation of the Statute of Frauds creates implied periodic tenancy measured by the way
c. the holdover: in a residential lease, if L elects to hold over a T who has wrongfully stayed on past the conclusion of the original lease, implied periodic tenancy measured by the way rent is now tenured
4-how to terminate periodic tenancy? Notice–usually in writing–notice must be at least equal to the period itself
NOTE-by private agreement, the parties may lengthen or shorten the common law notice provisions
NOTE-the periodic tenancy must end at the conclusion of a natural lease period
The Tenancy at Will
1-this is a tenancy for no fixed duration
2-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
3-the tenancy at will may be terminated by either party at any time, but a reasonable demand to vacate is usually needed
The Tenancy at Sufferance
created when T has wrongfully held over past the expiration of the lease–this wrongdoer is given a leasehold estate to permit L to recover rent
-the tenancy at sufferance lasts only until L either evicts or decides to hold T to new tenancy
T’s Liability to 3rd Parties
- T is responsible for keeping the premises in good repair
- T is liable for injuries sustained by 3rd parties T invited, even where L promised to make all repairs
T’s Duty to Repair
a-duty when the lease is silent:
i- the standard: T must maintain premises and make ordinary repairs
ii-T must not commit waste (voluntary: overt destruction; permissive: neglect; ameliorative: changes that increase value)
iii-law of fixtures: when a tenant removes a fixture she commits voluntary waste–a fixture is a once movable chattel that, by virtue of its annexation to realty, objectively shows the intent to permanently improve the realty–T must not remove a fixture, no matter that she installed it
b-T’s duty to repair when T has expressly covenanted in the lease to maintain the property in good condition for the duration of the lease: at COMMON LAW, T liable for any loss to the property including loss due to force of nature; today, MAJORITY view is that T may end the lease if the premises are damaged w/o T’s fault
How to Tell When a Tenant Installation Qualifies as a Fixture
a. express agreement controls
b. in the absence of agreement, T may remove a chattel that she has installed so long as removal doesn’t cause substantial harm to the premises
- if removal will cause substantial damage, then in objective judgment T has shown the intent to install a fixture
T’s Duty to Pay Rent
a. when T breaches this duty and is in possession of the premises: landlord’s only options are to evict through the courts or continue the relationship & sue for rent due–if landlord moves to evict, she’s nonetheless entitled to rent from the tenant until the tenant vacates
b. when T breaches this duty but is out of possession: “SIR”–Surrender: L can treat T’s abandonment as an implicit offer of surrender; Ignore: L ignores the abandonment and holds T responsible for the unpaid rent, just as if T were still there (minority); Re-let: L can re-let the premises on the wrongdoer tenant’s behalf, and hold him liable for any deficiency
- majority: L must at least try to re-let
Landlord’s Duties
Duty to Deliver Possession
The majority rule requires the 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 and the new T gets damages
Landlord’s Duties
Implied Covenant of Quiet Enjoyment
- applies to both residential and commercial leases–T has right to quiet use & enjoyment of the premises w/o L’s interference
a. breach by actual wrongful eviction: occurs when L wrongfully evicts T, or excludes T from the premises
b. breach by constructive eviction: “SING”: Substantial Interference (due to L’s actions or failures); Notice (T must give L notice of problem; L must fail to act meaningfully); Goodbye (T must vacate w/in reasonable time after L fails to fix problem)
Landlord’s Duties
Implied Warranty of Habitability
- applies only to residential leases–non-waivable
a. the standard: the premises must be fit for basic human habitation
b. T’s entitlement when the implied warranty of habitability is breached: MR3: Move (move out & end lease); Repair (repair and deduct cost from future rent); Reduce (reduce rent or withhold all rent until the court determines fair rental value); Remain (remain in possession, pay rent and affirmatively seek money damages)
Landlord’s Duties
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 lease, or harassing the tenant, or taking other reprisals
Assignment vs. Sublease
- in the absence of some prohibition in the lease, a T may freely transfer his or her interest in whole (assignment) or in part (sublease)
- in the lease, L can prohibit T from assigning or subletting without L’s prior written approval
- 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
The Assignment-Example
- T1 has 10 months remaining on a 2 year term of years; T1 transfers all 10 months to T2; this is an assignment
- as result, L and T2 are in privity of estate
- meaning L and T2 are liable to each other for all of the covenants in the original lease that “run with the land”
- L and T2 are not in privity of K unless T2 assumed all promises in the original lease
- L and T1 are no longer in privity of estate; remain in privity of K; thus, secondarily liable to each other
The Sublease
L and sublessee are in neither privity of estate nor privity of K–share no nexus; T1 is liable to T2; relationship between L and T1 remains intact
