Landlord/Tenant law Flashcards
landlord/tenant law
4 leasehold estates tenant's duties landlord's duties assignment v sublease landlord's tort liability
landlord/tenant law
4 leasehold estates
- Tenancy for years
- Periodic tenancy
- Tenancy at will
- Tenancy at sufferance
landlord/tenant law
4 leasehold estates
1. Tenancy for years
- Lease for a fixed period (could be 2 days or 10 years)
If you know the TERMINATION DATE FROM THE START, you have the tenancy for years - B/c a ToY states from the outset when it will termination, NO NOTICE is needed to terminate
- A ToY greater than 1 yr must be in writing to be enforceable b/c of SoF
landlord/tenant law
4 leasehold estates
2. Periodic tenancy
- Lease which continues for SUCCESSIVE intervals until L or T give proper notice for termination
- PT can be created expressly, month-to-month or week-to-week or year-to-year, and PT can arise by implication 1 of 3 ways
- Notice must be given to terminate a periodic tenancy of at least equal the length of the period itself unless otherwise agreed. (year-to-year requires 6 months)
- By private agreement, parties may lengthen or shorten common law prescribed notice provisions. PT must end at the CONCLUSION of a natural lease period.
landlord/tenant law
4 leasehold estates
2. Periodic tenancy
PT by implications
PT by implication can arise 1 of 3 ways:
- Land is leased w/no mention of duration, but provision is made for the payment of rent at set intervals
- An oral term of years in violation of SoF creates an implied PT measured by the way rent is tendered
- A holdover: An implied PT arises by the way rent is now tendered past the conclusion of the original lease.
landlord/tenant law
4 leasehold estates
3. Tenancy at will (rare)
- Tenancy for no fixed duration
- Unless the parties expressly agree to a tenancy at will, payment of regular rent will cause a court to treat this as an implied PT
- Tenancy at will may be terminated by EITHER party at ANY time. But a reasonable demand to vacate is usually needed.
landlord/tenant law
4 leasehold estates
4. Tenancy at sufferance (short lived)
- Created when T has wrongfully held over past the expiration of the lease.
- The leasehold permits L to recover rent
- Tenancy at sufferance lasts ONLY until either L:
a. evicts T OR
b. decides to hold T to a new tenancy
landlord/tenant law
tenant’s duties
- T’s liability to third parties
- T’s duty to repair
- T’s duty to pay rent
landlord/tenant law
tenant’s duties
1. T’s liability to third parties
T is responsible for keeping the premises in good repair
T is liable for injuries sustained by 3rd parties T invited, even when L promised to make repairs
landlord/tenant law
tenant’s duties
2. T’s duty to repair
i. T’s duty to repair when lease is silent
ii. T’s duty to repair when expressly covenanted in the lease to maintain the property in good condition for the duration of the lease.
landlord/tenant law
tenant’s duties
2. T’s duty to repair
i. T’s duty to repair when lease is silent
i. T’s duty to repair when lease is silent
a. T must maintain the premises AND make ROUTINE repairs other than those due to ordinary wear & tear.
b. T most not commit waste (voluntary, permissive, or ameliorative)
c. Law of fixtures: When a T removes a fixture, she commits voluntary waste.
landlord/tenant law tenant's duties 2. T's duty to repair i. T's duty to repair when lease is silent fixture
Fixture - a once removable 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 T installed it.
Fixtures pass with ownership of the land
T installation qualifies as a fixture if express AGR controls
Absent an AGR, T may remove a chattel that she has installed so long as removal does not cause substantial harm to the premises.
If removal will cause substantial damage, then IN OBJECTIVE JUDGMENT T has show the intent to install a fixture. The fixture stays put.
landlord/tenant law
tenant’s duties
2. T’s duty to repair
ii. T’s duty to repair when expressly covenanted in the lease to maintain the property in good condition for the duration of the lease.
At common law, historically, T was liable for any loss to the property, including loss due to force of nature.
Today, under the majority view, T may end the lease when the premises are destroyed w/o T’s fault.
landlord/tenant law
tenant’s duties
3. T’s duty to pay rent
a. T breaches this duty AND is in possession of the premises
b. T breaches this duty BUT is out of possession
landlord/tenant law
tenant’s duties
3. T’s duty to pay rent
a. T breaches this duty AND is in possession of the premises
L’s only only options are to evict through the courts OR continue the relationship and sue for rent due.
If L moves to evict, L is entitled TO RENT from T until T (now a tenant at sufferance) vacates.
Landlord must NOT engage in self-help, such as changing the locks, forcibly removing T, or removing T’s possession.
Self-help is flatly outlawed and is punishable civilly and criminally.
landlord/tenant law
tenant’s duties
3. T’s duty to pay rent
b. T breaches this duty BUT is out of possession
If T wrongfully vacates w/time left on a ToY lease - SIR
S - surrender
I - ignore
R - re-let
Majority rule: L must at least try to re-let (mitigation)
landlord/tenant law tenant's duties 3. T's duty to pay rent b. T breaches this duty BUT is out of possession SIR
S - surrender - T shows that T wants to give up the lease
L could choose to treat T’s abandonment as an offer of surrender which L accepts.
I - ignore - ignore the abandonment and hold T responsible for unpaid rent, just as if T were still there.
(only available in a minority of states)
R - re-let - re-let the premises on the wrongdoer T’s behalf and hold T liable for any deficiency
landlord/tenant law
landlord’s duties
- Duty to deliver possession
- Implied covenant of quiet enjoyment
- Implied warranty of habitability
- Retaliatory eviction
landlord/tenant law
landlord’s duties
1. Duty to deliver possession
The majority rule requires that L put T in ACTUAL possession of the premises. 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. American rule (actually English): obliges L to deliver legal possession but not actual possession
landlord/tenant law
landlord’s duties
2. Implied covenant of quiet enjoyment
Applies to both residential and commercial
T has a right to quiet use & enjoyment of the premises w/o interference from L
Breach by actual wrongful eviction - excludes T from premises
Breach by constructive eviction (SING - substantial interference, notice, goodbye/get out)
landlord/tenant law
landlord’s duties
2. Implied covenant of quiet enjoyment
Breach by constructive eviction - SING
substantial interference - due to L’s actions or permanent or chronic failures
notice - T must notify L of the problem AND L must fail to correct it
goodbye/get out - T must vacate w/in reasonable time after L fails to fix the problem
landlord/tenant law
landlord’s duties
2. Implied covenant of quiet enjoyment
Is landlord liable for acts of other tenants?
GR: Landlord is not liable for acts of other tenants.
2 exceptions
1. L must not permit a nuisance on site
2. L must control common areas.
landlord/tenant law
landlord’s duties
3. Implied warranty of habitability
Applies ONLY to residential leases and is non-waivable
Standard: Premises must be fit for basic human dwelling. Bare living requirements must be met.
Appropriate standard may be supplied by housing code or case law.
Examples: No heat in winter, no plumbing, no running water.
T’s entitlements when IWH is breached: MR3
landlord/tenant law
landlord’s duties
3. Implied warranty of habitability
T’s entitlements when IWH is breached: MR3
MR3 - Move, Repair, Reduce, Remain
Move out and end the lease (but T doesn’t have to)
Repair and deduct (allowable by statute in some jdx. T may make reasonable repairs and deduct the cost from future rent)
Reduce rent or withhold all rent until the court determines fair rental value. Typically, T must place withheld rent into escrow acct to show her good faith.
Remain, pay rent and affirmatively seek money damages
landlord/tenant law
landlord’s duties
4. Retaliatory eviction
If T lawfully reports L for housing code violations, L is barred from penalizing T
Can’t raise rent, end lease, harass T, take other reprisals.
landlord/tenant law
assignment v sublease
- Transfer portion of lease
- Assignment
- Sublease
landlord/tenant law
assignment v sublease
transfer portion of lease
Absent some prohibition in the lease, T may freely transfer T’s 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.
However, 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.
landlord/tenant law
assignment v sublease
assignment
When T1 transfers all remaining time on lease to T2, this is an assignment.
L and T2 are in privity of estate. (not L & T1)
L and T2 are liable to each other for ALL of the covenants in the original lease that run w/the land.
L and T2 are NOT in privity of K (that is L & T1)
L & T1 are secondarily liable to one another
landlord/tenant law
assignment v sublease
sublease
When T1 transfers less than all remaining time on lease to T2, this is a sublease.
L & T2 share no nexus.
L & T1 remains intact (privity of K, privity of estate)
T1 is liable to T2 and vice versa
landlord/tenant law
assignment v sublease
landlord’s tort liability
Common law of caveat lessee: Let T beware In tort, L was under NO duty to make premises safe 5 exceptions to common law - CLAPS Common areas Latent defects rule Assumption of repairs Public use rule Short term lease for FURNISHED dwelling
landlord/tenant law
assignment v sublease
landlord’s tort liability
5 exceptions to common law - CLAPS
5 exceptions to common law - CLAPS
Common areas - L must maintain common areas (hallways, stairwells)
Latent defects rule - L must WARN T of hidden defects that L knows about or should know about (duty to warn, not repair)
Assumption of repairs - L who voluntarily makes repairs must complete them w/reasonable care
Public use rule - L, who leases public space (convention space, museum) and should know b/c of the nature of the defect and the length of the lease that T will not repair, is liable for any defects on the premises
Short term lease for FURNISHED dwelling - L is liable for any defect on site.
