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Landlord Tenant Law Flashcards

1
Q

How is a tenancy for years created?

A

lease is created for a fixed period of time - when you know the termination date from the

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2
Q

What notice is necessary to terminate a tenancy for years?

A

no notice - the termination date is in the agreement

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3
Q

L leases Blackacre to T “from January 1, 2011 to July 1, 2011.” what form of tenancy exists here?

A

a tenancy for a term of years

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4
Q

If a tenancy for a term of years is greater than one year, what must it do to satisfy the Statute of Frauds?

A

it must be in writing

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5
Q

What is a periodic tenancy?

A

Lease which continues for successive intervals until L or T give proper notice to terminate

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6
Q

How does one create a periodic tenancy expressly?

A

“To T, from month to month”

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7
Q

How does one create a periodic tenancy by implication?

A
  1. land is leased with no mention of duration, but the provision is made for the payment of rent and it is set at intervals 2. an oral term of years violates the Statute of Frauds, and therefore creates an implied periodic tenancy measured by the way rent is tendered 3. holdover - if L elects to hold over a T who has wrongfully stayed on past the conclusion of the original lease it creates an implied periodic tenancy measured by the way rent is tendered
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8
Q

T rents an apartment from L, beginning June 1. Nothing is said about duration. T pays rent each month. What tenancy exists?

A

implied month to month periodic tenancy

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9
Q

L and T negotiate on the telephone for a commercial lease. They orally agree on a five-year lease with rent at $1000 a month. T sends L a check for $1000 and L accepts. What tenancy exists here?

A

an implied periodic tenancy, with intervals based on the way rent is tendered

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10
Q

T holds over after the expiration of her one-year lease, but sends another month’s rent check to L who cases it. What tenancy now exists?

A

implied month to month periodic tenancy

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11
Q

How does a party terminate a periodic tenancy?

A

through notice - usually in writing - given at least equal to the length of the period itself unless otherwise agreed or for more than one year (then only 6 months notice necessary)

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12
Q

Can parties lengthen or shorten common-law prescribed notice provisions?

A

yes - freedom of contract

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13
Q

If you give notice in the middle of your lease, when must the periodic tenancy end?

A

at the conclusion of the natural lease period

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14
Q

L leased Blackacre to T on January 1, 2010 for a periodic tenancy of month-to-month. On May 15, 2010 T sends written notice of termination. T is bound until when?

A

June 30th, not June 15th - because June 30th is the natural end of the lease

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15
Q

What is a tenancy at will?

A

tenancy for no fixed duration

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16
Q

How do you create a tenancy at will?

A

“To T for as long as T or L desires”

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17
Q

Must the parties expressly agree to a tenancy at will?

A

yes

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18
Q

if the parties do not expressly agree to a tenancy at will, the payment of regular rent will cause a court to treat this as what sort of tenancy?

A

an implied periodic tenancy

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19
Q

How do you terminate a tenancy at will?

A

either party at any time - but only a reasonable demand to vacate is allowed

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20
Q

How do you create a tenancy at sufferance?

A

when T wrongfully holds over past the expiration of the lease

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21
Q

Why do we create tenancy at sufferances?

A

so that L can recover rent

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22
Q

When does a tenancy at sufferance end and how?

A

the tenancy lasts only until L either evicts T or holds T to a new tenancy

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23
Q

What are a T’s liability to third parties?

A

responsible for keeping the premises in good repair if 3d party invitee sustains injuries, T is liable even where L promised to make all repairs

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24
Q

What are T’s duties to repair when the lease is silent?

A

T must maintain premises and make ordinary repairs and must not commit waste (voluntary, permissive, ameliorative)

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25
If a T removes a fixture when she leaves the land, has she committed waste?
yes - she commits voluntary waste (overt destruction)
26
What is a "fixture"?
a once movable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve the realty
27
If T installs a fixture, can she remove it?
NO - T must not remove a fixture, no matter that she installed it Fixtures pass with the ownership of land
28
Do fixtures pass with the ownership of land?
YES
29
How do you tell if a tenant installation qualifies as a fixture?
1. express agreement controls 2. in absence of an agreement, T may remove chattel that she has installed so long as removal does not cause substantial harm to premises
30
If the removal of chattel that T installed will cause substantial damage, in objective judgment T has shown what?
the intent to install a fixture - and the fixture stays put
31
What are T's duties to repair when T has expressly covenanted in the lease to maintain the property in good condition for the duration of the lease?
common law, historically: T was liable for any loss to the property, including loss due to force of nature today, majority: T may end the lease if the premises are destroyed without T's fault
32
What result if T breaches her duty to pay rent and is still in possession
L can: 1) evict through the courts or 2) continue the relationship and sue for rent If L evicts - entitled to rent form the tenant until the tenant, who is now a tenant at sufferance, vacates
33
Can a L use self-help to evict or collect rent from a T who is in default?
NO - must not engage in self-help, and it is punishable civilly and criminally
34
What are the L's options if T breaches her duty to pay rent and is out of possession?
SIR S - surrender - treat T's abandonment as implicit offer of surrender which L accepts I-ignore the abandonment and hold T responsible for unpaid rent R- re-let the premises on the wrongdoer tenant's behalf and hold him liable for any deficiency
35
What is a T's surrender?
T shows by words or actions that she wants to give up the lease
36
If the unexpired term of a lease is greater than one year when T surrenders - what must L do?
must write down T is surrendering and L is accepting to satisfy the statute of frauds
37
If the L decides to hold an abandoned T responsible for unpaid rent - what result?
T can ignore the abandonment and hold T responsible for unpaid rent, just as if T was still there - only in a minority of states
38
Can a L decide to re-let the premises after a T abandons and still hold L liable for any deficiency?
YES - can re-let the premises on the wrongdoer T's behalf, and hold him or her liable for any deficiency
39
If T breaches the duty to pay rent but is out of possession - what is the majority rule concerning the L's duty?
L must at least try to re-let the premises - mitigation principle
40
List the Duties of L
1. duty to deliver possession 2. implied covenant of quiet enjoyment 3. implied warranty of habitability 4. retaliatory eviction
41
What must L deliver to T at the start of a lease?
majority (English Rule): L must put T in actual physical possession of the premises minority (American Rule): L need only provide T with legal possession, not physical
42
What is the L's implied covenant of quiet enjoyment?
applies to residential and commercial residences T has a right to quiet use and enjoyment of premises without interference from L
43
If the L wrongfully evicts T or excludes T from premises, what has L breached?
the implied covenant of quiet enjoyment
44
What are the elements of constructive eviction?
SI - substantial interference due to L's actions or failures (could be chronic, doesn't have to be permanent) N - T must give L notice if L fails to act meaningfully G - T must vacate (goodbye) within reasonable time after L fails to fix the problem
45
Is a L liable for acts of other tenants that impact the quiet enjoyment of the premises?
No - with two exceptions 1. no permitting nuisance on site 2. L must control common areas
46
What is the Implied warranty of habitability?
applies only to a residential lease the premise must be fit for basic human habitation, bare living requirements must be met
47
Can a L waive the implied warranty of habitability?
no
48
When a court is determining what is "habitable" what may the court consult?
local housing codes or case law
49
What is T entitled to when L breaches the implied warranty of habitability?
MR3 Move out and end the lease (but don't have to) Repair and deduct costs - allowable by statute in a growing number of jurisdictions (can deduct from future rent Reduce rent or withhold all rent until the court determines the fair rental value - T must generally place withheld rent into escrow to show good faith Remain in possession, pay rent, and sue
50
If T lawfully reports L for housing code violations, can they also report L for any retaliatory eviction?
yes - L is barred from penalizing T, by raising rent or ending the lease or harassing T or taking other reprisals
51
What is an assignment?
In the absence of some prohibition in the lease, a T may freely transfer her interest in whole
52
What is a sublease?
in the absence of some prohibition in the lease, a T may freely transfer her interest in part
53
In a lease, can L prohibit T from assigning or subletting without L's prior written approval?
yes
54
If L consents to one transfer by T, can he object to future transfers by T?
NO - L waives the right to object to future transfers by T, unless L reserves the right
55
T1 has 10 months remaining on a two-year term of years. T1 transfers all 10 months to T2. This is what?
an assignment
56
If T assigns his lease to T2 what is the relationship between L and T2?
they are in privity of estate
57
When L and T2 are in privity of estate - what result?
L and T2 are liable to each other for all of the covenants in the original lease that "run with the land" (rent, paint, repair)
58
How might L and T2 be in privity of contract?
T2 expressly assumes all promises in the original lease when taking over T's lease
59
When T1 assigns his interest to T2 - what relationship remains between L and T1?
L and T1 are in privity of contract, and are secondarily liable to each other
60
If T1 subleases his apartment, what is the relationship between L and sublessee?
they are in neither privity of estate nor privity of contract
61
If T1 subleases his apartment, what is his relationship with the sublessee?
T2 liable to T1 and vice versa
62
What is the common law rule regarding L's tort liability?
L is under no duty to make premises safe (with 5 exceptions)
63
What are the 5 exceptions to the common law rule regarding L's tort liability? (CLAPS)
Common areas - L must maintain all common areas (hallways and stairs) Latent defects rule - L must warn T of hidden defects that L knows about or should know about - no duty to repair Assumption of repairs - if L voluntarily makes repairs he must complete them with reasonable care Public use rule - an L who leases public space, and who should know, because of nature of defect and length of lease that T will not repair, is liable for any defects on the premises Short term lease of furnished dwelling - liable for any defective condition on site
64
What is an easement?
a grant of a nonpossessory property interest that entitles its holders to some form of use or enjoyment of another's land, called the servient tenement
65
What is an affirmative easement?
a right to do something on servient land
66
What is a negative easement?
entitles its holder to prevent the servient landowner from doing something that would otherwise be permissible
67
What are the four common categories of negative easements? (LASS)?
Light Air Support Stream water from an artificial flow (and in a minority of states - scenic view)
68
How does one create a negative easement?
must be created expressly, by writing signed by the grantor - no natural or automatic right to a negative easement (must bargain!)
69
What is an easement appurtenant?
an easement that benefits its holder in his physical use or enjoyment of his property IT TAKES TWO! (2 parcels of land must be involved)
70
A grants B a right of way across A's land, so that B can more easily reach his land. B's land is benefited by the easement. In easement parlance, it is the dominant tenement. A's land is serving B'as easement. It is the servient tenement. What does B have?
B has an easement appurtenant to B's dominant tenement
71
What is an easement in gross?
an easement that confers upon its holder only some personal or pecuniary advantage that is not related to his use or enjoyment of his land no benefited or dominant tenement - just servient land burdened
72
What are the common examples of an easement in gross?
1. right to place billboard on another's land 2. right to fish or swim in another's pond 3. power company's right to lay power lines on another's land
73
Can you transfer an easement appurtenant?
Yes - it passes automatically with the dominant tenement, regardless of whether it is mentioned in the conveyance
74
If a parcel of land has an easement, and the dominant tenement is sold - does the easement pass if it is not mentioned in the conveyance?
yes
75
If the servient tenement sells her land - when does the burden of the easement appurtenant pass with the servient estate?
automatically unless the new owner is a bona fide purchaser with no notice of the easement
76
Can you transfer an easement in gross?
no - unless it is for commercial purposes
77
How can you create an affirmative easement? (PING)
Prescription Implication Necessity Grant
78
How do you create an easement by grant?
an easement to endure for more than one year must be in writing that complies with the formal elements of a deed

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