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Property Law > Landlord-Tenant Law > Flashcards

Landlord-Tenant Law Flashcards

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1
Q

What are the four types of leaseholds?

A
  1. Term of years (tenancy for years)
  2. Periodic tenancy
  3. Tenancy at will
  4. Tenancy at sufferance
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2
Q

What is a term of years?

A

Lease for a period of time (N.B. Can be any period—months are fine)

No notice is required to terminate (ends at set date)

If greater than 1 year, must be in writing (SoF)

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3
Q

How is a term of years formed?

A

Language specifying the end date from the start

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4
Q

What is a periodic tenancy?

A

A lease that continues for successive intervals until L or T gives proper notice to terminate

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5
Q

How is a periodic tenancy created?

A

1) Expressly, or
2) By Implication

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6
Q

How is a periodic tenancy created by implication? (3)

A
  1. Silence: Land leased with no mention of duration but provision is made for payment of rent at set intervals
  2. Oral: An oral term of years in violation of the statute of frauds creates an implied periodic tenancy (measured by the way rent is tendered)
  3. Holdover: If a landlord elects to holdover a T who has wrongfully stayed on past the conclusion of the original lease—implied periodic (measured by the way rent is tendered)
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7
Q

NY QUESTION:

What is the NY rule for holdover tenants?

A

Creates an implied month to month tenancy, unless otherwise agreed

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8
Q

How is a periodic tenancy terminated?

A

Periodic tenancy is terminated via notice of termination, usually written

(The notice given must be at least equal to the period itself, unless otherwise agreed (freedom of contract))

(N.B. Periodic tenancy MUST end at the end of a natural lease period!)

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9
Q

What is the exception to the general rule that the amount of notice required to end a periodic tenancy is at least equal to the period of the tenancy?

A

If the tenancy is year-to-year or greater, notice need only be given SIX MONTHS before termination

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10
Q

What is a tenancy at will?

A

A lease for no fixed period or duration

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11
Q

How is a tenancy at will formed?

A

Express agreement (otherwise, payment of regular rent creates an implied periodic tenancy)

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12
Q

How may a tenancy at will be terminated?

(What is the NY distinction?)

A

Tenancy at will may be terminated by EITHER party at any time… (BUT reasonable demand to vacate is usually needed)

NY: minimum 30 days written notice

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13
Q

What are the three duties of a tenant?

A
  1. T’s liability to 3d parties
  2. T’s duty to repair
  3. T’s duty to pay rent
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14
Q

What is T’s liability to 3d parties? (Matter of tort law)

A

T is responsible for keeping the premises in reasonably good repair

(Thus, T liable for injuries sustained by 3d parties who T invited, EVEN IF L promised to make all repairs (T may then seek indemnification))

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15
Q

What is T’s duty to repair? (2)

A
  1. T must maintain the premises and make routine repairs, other than those due to ordinary wear and tear
  2. T must not commit waste (overt harm; neglect; changes that increase value)
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16
Q

When does T’s duty to repair arise on the bar exam?

A

When the lease is silent as to repair

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17
Q

What is a tenancy at suffrance?

A

Tenancy created when T has wrongfully held over past the expiration of the lease.

(T is given the tenancy at suffrance to permit L to recover rent)

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18
Q

For how long will a tenany at suffrance last?

A

Tenancy at suffrance lasts until L evicts T or elects to hold T to a new lease.

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19
Q

What is the NY rule on tenancy at suffrance?

A

In NY, landlord’s acceptance of rent past the expiration of the lease term will create an implied month-to-month periodic tenancy (unless otherwise agreed)

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20
Q

What is the law of fixtures?

A

When T removes a fixture, she commits voluntary waste

Fixtures pass with the ownership of the land (T must not remove a fixture, no matter that she installed it)

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21
Q

How is the law of fixtures generally tested on the exam?

A

With waste

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22
Q

What constitutes a fixture?

A

A once movable chattel that, by virtue of its attachment to realty, OBJECTIVELY shows the intent to permanently improve the realty

(e.g., furnace; custom storm windows; heating systems; some lighting)

23
Q

What is the process for evaluating whether something is a fixture? (2 steps)

A
  1. Express agreement controls
  2. Absent agreement, T may remove a chattel that she installed, so long as removal won’t cause substantial harm to the premises (if removal will cause substantial harm, it is objective evidence of intent to permanently improve the realty)
24
Q

What is T’s duty to repair when T has expressly covenanted in the lease to maintain the property in good condition?

(Common law/historical)

(Today/Majority)

A

Historically at CL: 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

25
Q

NY QUESTION

What is the NY rule property destroyed without fault of T?

A

Absent express undertaking to restore the premises, T may quit the premises and surrender possession without any further duty to pay rent

26
Q

What are L’s options when T stops paying rent, but remains in possession?

A
  1. Evict through the courts (still entitled to rent until T actually vacates)
  2. Continue the relationship and sue for rent due
27
Q

What is L prohibited from doing when T stops paying rent but remains in possession?

A

Any self-help at all—such behavior may be punished civilly and criminally (no changing the locks; no forcible removal; removing T’s stuff)

28
Q

NY QUESTION

In NY, what happens if L engages in self-help against a non-paying T?

A

Treble damages(!)

29
Q

What are L’s options if T wrongfully vacates with time remaining on the lease?

(Hint: SIR)

A
  1. Surrender (treat abandonment as offer of surrender, which L accepts)
  2. Ignore (hold T responsible for rent as though he were still there; only available in minority)
  3. Re-let the premises on T’s behalf, and hold T liable for any deficiency
30
Q

What is surrender of a leasehold?

A

T shows by words or actions that she wants to give up the lease.

(If the unexpired term is greater than 1 year, “notice” must be in writing (SoF; signed by L; doesn’t matter if T actually receives))

31
Q

What satisfies L’s option to re-let the premises on T’s behalf?

A

Majority: L must at least try to re-let (good faith effort)

32
Q

NY QUESTION

What is the NY rule on T’s obligation to re-let?

A

T has no obligation to mitigate by trying to re-let

33
Q

What are the Landlord’s four duties?

A
  1. Deliver possession
  2. Implied covenant of quiet enjoyment (frequently tested)
  3. Implied covenant of habitability
  4. No retaliatory eviction
34
Q

What is L’s duty to deliver possession?

(Majority)

(Minority)

A

MAJORITY: (“English rule”): L must put T in 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 new T gets damages)

TINY MINORITY: (“American rule”): L must provide legal possession, but not actual possession

35
Q

What is the implied covenant of quiet enjoyment?

A

(commercial and residential)

T has a right to quiet use and enjoyment without interference from L

36
Q

What will breach the implied covenant of quiet enjoyment?

A
  1. Actual wrongful eviction or exclusion of T from premises
  2. Constructive eviction
37
Q

What constitutes constructive eviction?

(Hint: SI/N/G)

A

Constructive eviction can occur in three ways (SING):

  1. Substantial Interference due to L’s actions or failures (need not be permanent); and
  2. Notice to L, who fails to fix
  3. Get out: T MUST VACATE within a reasonable time after L fails to correct the problem
38
Q

For constructive eviction, what is the rule for landlord liability of other tenants?

A

Generally not liable; BUT

  1. L must not permit a nuisance on site
  2. L must control common areas
39
Q

What is the implied warranty of habitability?

A

(Residential ONLY: entirely non-waivable)

  1. Premises must be fit for basic human dwelling (bare living requirements must be met)
  2. May be supplied by housing code or case law (no heat in winter; no plumbing; no running water
40
Q

What are T’s rights when the implied warranty of habitability has been breached? (Hint: MR^3)

A
  1. MOVE OUT and end the lease (BUT T doesn’t have to!)
  2. REPAIR and deduct (make reasonable repairs and deduct their cost from future rent)
  3. REDUCE rent (or withhold all until court determines amount—must full amount place in escrow)
  4. REMAIN in possession, pay rent, and seek money damages
41
Q

What is the difference between constructive eviction and breach of implied warranty of habitability? (2)

A
  1. Habitability applies only to residential properties
  2. T must leave for there to be constructive eviction
42
Q

What constitutes retaliatory eviction? (Examples)

A

L’s apparent reprisal against T for actions taken by T.

(e.g., After T reports L for housing code violations, L may not: Raise rent, End T’s lease, Harass T, or make other reprisals)

43
Q

What are the rules for assignment and sublease? (in absence of prohibition)

A

T may freely transfer his interest in whole (assignment) or in part (sublease)

(N.B. In the lease, L may prohibit T from assigning or subletting without L’s express approval)

(N.B. If L consents to one transfer by T, L waives teh right to object to any future transfers by that T, unless L expressly reserves that right)

44
Q

NY QUESTION

What is the NY rule for assignment?

A

Unless lease says otherwise, assignment is prohibited without prior written consent

L may refuse to allow assignment, even unreasonably; but if unreasonable refusal, T’s sole remedy is to terminate

45
Q

NY QUESTION

What is the NY rule for sublease? (In residential building with 4 or more units)

A

T has right to sublease, subject to L’s written consent

(Consent cannot be unreasonably withheld!)

46
Q

What are the privity consequences of assignment of a leasehold?

(L/T2)

(L/T1)

(L/T1)

A

Privity of estate between L and T2

No privity of estate between L and T1

Still have privity of contract between L and T1

47
Q

What does privity of estate mean?

A

Two parties are connected by the estate, i.e.,

L and T are liable to one another for all covenants in the original lease that run with the land (pay rent; paint; repair; pay taxes…)

48
Q

What is the difference between privity of contract and privity of estate?

A

Privity of contract requires express assumption by T2 of all the promises in the original lease

49
Q

What are the consequences of privity of contract in an assigned lease?

A

L and T1 are secondarily liable to one another (for acts of T2?)

50
Q

What are the privity consequences of a sublease?

A

L and sub-lessee have neither privity of estate nor privity of contract

Relationship between L and T1 remains fully intact

T1 is responsible to T2 and vice-versa

51
Q

What is the general rule for landlord tort liability?

A

Common law norm: caveat lessee –

In tort law, L is under no duty to make premises safe

(But see exceptions! (CLAPS))

52
Q

What are the five exceptions to the general rule that landlords are not liable to tenants under tort law? (CLAPS)

A
  1. Common areas: L must maintain all common areas (hallways and stairways)
  2. Latent defects: L must warn T of hidden defects that L knows or should know about (merely warn, not repair)
  3. Assumption of repairs: a L who voluntarily makes repairs must complete them with reasonable care
  4. Public use rule
  5. Short term lease of furnished dwelling: L liable for any defects on site
53
Q

What is the public use rule for landlord tort liability?

A

An L who:

(1) rents public space (e.g., convention hall/museum) AND
(2) should know that T will not repair because of the nature of the defect and the length of the lease,

is liable for any defects on the premises (don’t forget this is torts!)

Property Law (9 decks)

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