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Landlord/ tenant law Flashcards

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1
Q

what are the 4 leasehold or nonfreehold estates

A

1) tenancy for years (term of years)
2) periodic tenancy
3) tenancy at will
4) tenancy at sufferance

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2
Q

what is tenancy for years (term of years) and how do you know it exists

A

a lease for a fixed period

- know the termination from start b/c the term of years

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3
Q

is there notice required for termination of tenancy for years or term of years

A

NO. no notice required to terminate

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4
Q

if a term of lease is greater than 1 year what must happen

A

MUST BE IN WRITING b/c SOF

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5
Q

what is the periodic tenancy

A

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

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6
Q

can the periodic tenancy created expressly

A

yes.

ex: L conveys to T for month-month, week-week, or year-year

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7
Q

what are the 3 ways which periodic tenancy can arise by IMPLICATION

A

1) land is leased with NO MENTION of duration, but provision is made for PAYMENT AT SET INTERVALS
2) an ORAL term of years in violation of SOF creates an implied periodic tenancy
3) HOLDER: in a residential lease, if L elects to hold over a T who has wrongfully stayed on past of the conclusion of the lease

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8
Q

what if an oral term of years lease is in violation of SOF

A

creates an implied periodic tenancy that is measured by the way rent is tendered

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9
Q

how must you terminate a periodic tenancy

A

WRITTEN NOTICE usually must be given

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10
Q

how much notice is needed to terminate a periodic tenancy

A

at least EQUAL to length of a period itself

x/c otherwise agreed.

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11
Q

thus in a month-month periodic tenancy when must notice to terminate be given

A

1 month

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12
Q

what is the x/c for when notice must be given to periodic tenancy

A

if tenancy is from year-year or greater, 6 months

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13
Q

in IL how much notice must be given for periodic tenancy to terminate

A

60 days

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14
Q

when MUST the periodic tenancy end

A

at the conclusion of a natural lease period

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15
Q

what is a TENANCY AT WILL

A

tenancy for NO FIXED DURATION

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16
Q

unless the parties otherwise agree to a tenancy at will, the payment of a regular payment will cause the courts to do what

A

to treat as an implied periodic tenancy

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17
Q

how may the tenancy at will be terminated

A

by either party at any time BUT reasonably demand to vacate usually needed

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18
Q

how is a TENANCY AT SUFFERANCE created

A

when T WRONGFULLY HELD OVER past expiration date.

- allowed to give L right to collect rent

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19
Q

how long does the tenancy at sufferance last

A

only until L either

1) evicts T OR
2) holds T to new tenancy

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20
Q

what are the 3 tenants duties

A

1) T’s liability to 3rd parties
2) T’s duty to repair
3) T’s duty to pay rent

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21
Q

T’s liability to 3rd party

A

T is responsible for keeping premises in good repair.

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22
Q

when is T liable to 3rd party injuries

A

when T invited 3rd party even where L promised to make all repairs
(invitee)

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23
Q

T’s duty to repair when lease is silent

A

T must maintain the premises and make ROUTINE REPAIRS BUT NOT
x/c: ordinary ware and tare

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24
Q

does T have a duty to make ordinary ware and tare repairs

A

NO

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25
Q

what are the 3 wastes T must not commit

A

1) voluntary: willful destruction
2) permissive waste: neglect
3) ameliorative: changes that improve or increase value

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26
Q

how are fixtures tested on the exam

A

under doctrine of waste

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27
Q

what happens if a T removes a fixture

A

commits voluntary waste

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28
Q

how to determine a fixture

A

once movable chattel that, by virtue of its annexation to realty
1) objectively shows intent to permanently improve realty

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29
Q

common examples of fixtures

A

1) heating systems
2) custom storm windows
3) furnace
4) some lighting installments

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30
Q

can T remove a fixture if she installed it

A

NO

T MUST NOT remove a fixture, no matter that she installed it

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31
Q

do fixtures pass with the land

A

yes

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32
Q

in the absence of an agreement how to determine if T may remove a chattel that she has installed (x/c to removal of fixture)

A

removal does NOT cause SUBSTANTIAL HARM to premises

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33
Q

what if the removing of a fixture will cause a substantial harm to the premises?

A

then in OBJECTIVE JUDGMENT T has shown

1) intent to install fixture, fixture stays

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34
Q

what was the CL for when T’s duty to repair when T EXPRESSLY COVENATED in the lease to maintain the property in good condition for the duration of the lease

A

T was liable for ANY lose on premises, including loss due to force of nature

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35
Q

what is the ML for when T’s duty to repair when T EXPRESSLY COVENATED in the lease to maintain the property in good condition for the duration of the lease

A

T may end the lease when premises are destroyed w/o T fault

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36
Q

If T’s duty to pay rent T breaches this duty and is in possession of the premises what may L do?

A

ONLY options are

1) evict through the courts OR
2) continue relationship and sue for rent due

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37
Q

if the L moves to evict T for failure to pay rent is she nonetheless entitle rent from T

A

yes. allowed rent from T until the T who is not tenant at sufferance vacates

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38
Q

what MUST the land lord NOT DO in eviction

A

ENGAGE IN SELF HELP

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39
Q

what are examples of landlord self help in eviction cases

A

changing locks, forcefully removing T, remove T’s things

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40
Q

what happens if L self helps for eviction

A

punishable both by civil and criminal

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41
Q

what are L’s options when T breaches duty to pay but is NO longer in possession (SIR)

A

SIR

1) surrender
2) ignore
3) re-let premises

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42
Q

what is surrender

A

when T shows she wants to give up lease

43
Q

what can L do if T surrenders

A

L could treat abandonment as implict offer of surrender which L accepts

44
Q

what if an unexpired lease is greater than 1 year, how must T surrender

A

must surrender in WRITING

45
Q

what if L IGNORES abandonment

A

can hold T responsible for unpaid rent, just as if T was still there
- Minority view

46
Q

what is the Re-Let requirement for when T wrongfully vacates with time left

A

re-let the premises on the wrongdoer t’s behalf and hold him or her liable for any defenancy

47
Q

what s the majority rule for re-let by L

A

L must at least TRY to re-let

-this is a mitigation principal

48
Q

in IL does L need to at least TRY to re-let

A

yes

49
Q

what are the 5 landlord duties to T

A

1) duty to deliver possession
2) implied convenant of quiet enjoyment
3) implied warranty of habitability
4) retaliatory eviction
5 )discrimination

50
Q

what is the majority rule for L’s duty to deliver possession

A

requires that L deliver BOTH

1) legal and
2) physical possession to new T

51
Q

what if L cannot give both legal and physical possession for new T in majority rule

A

if start at new T a lease of a prior holdover T is still in possession, L has breached and
1) T gets damages

52
Q

what is the minority rule for L to deliver possession

A

L need only to deliver

1) LEGAL possession and NOT physical possession of new T

53
Q

what if holdover T is in physical possession in minority rule what can new T do

A

up to new T to bring eviction proceedings against the holdover T

54
Q

does IL follow the minority or majority rule for L duty to deliver possession

A

MINORITY

  • only need legal possession not physical possession
  • T must evict old T
55
Q

does implied covenant of quiet enjoyment apply to both residential and commerical property

A

YES

56
Q

what is L’s implied covenant of quiet enjoyment

A

T has a right to quiet use and enjoyment of premises w/o interference from L

57
Q

what is the breach by actual wrongful conviction

A

occurs when L wrongfully evicts T or excludes T from premises

58
Q

what 3 elements must be met for CONSTRUCTIVE discharge (SING)

A

1) substantial interference: due to L’s actions or failures
2) Notice: T must tell L of problem and L must fail to fix it
3) Goodbye: must actually vacate in reasonable time, after L fails to fix

59
Q

does T need to actually vacate in constructive discharge

A

YES

60
Q

generally are landlords liable for other tenants

A

NO

61
Q

what are the x/c that when L is liable for other T’s (2)

A

1) L must not permit nusiance on site

2) l must CONTROL COMMON AREAS (hallways, stairways)

62
Q

what does L’s implied warranty of habitability ONLY apply to

A

only RESIDENTIAL leases

63
Q

can T waive the implied warranty of habitability in residential lease

A

NO. waiver is null and void

64
Q

what is the std for implied warranty of habitability

A

premises must be fit for BASIC HUMAN DWELLING

- not high std

65
Q

what are some examples that show breach of implied warranty of habitability

A

1) no heat in winter
2) no plumbing
3) no running water

66
Q

what if L breaches duty of implied warranty of habitability (MR3)

A

1) MOVE out and end lease
2) REPAIR and deduct. (t may make reasonable repairs and deduct from rent)
3) REDUCE: (hold out on rent until court decides, usually hold in escrow)
4) REMAIN: and pay rent and seek money damages

67
Q

can L reatilatory evict if T lawfully reports L for housing code violations

A

NO L is bared from penalizing T by for example

1) raising rent
2) or ending lease or
3) harassing t

68
Q

what does discrimination in housing mean for L

A

1) L must allow disabled T’s to make REASONABLE MODIFICATIONS to existing premises a T’s own dime
2) L must make REASONABLE ACCOMMODATIONS in policies and services to give disabled T’s an equal opportunity to use the dwelling

69
Q

can T freely transfer his interest in whole or in part

A

YES absence some agreement

70
Q

what is it called when T transfers his lease in whole

A

assignment

71
Q

what is it called when T transfer his lease in part

A

sublease

72
Q

in the lease can L prohibit T from assigning or subletting w/o L’s prior written notice

A

YES

73
Q

what happens if L agrees to 1 transfer by T for assignment or subletting

A

L waives the right to object to future transfers by that T, unless L reserves the right

74
Q

are L and T2 in privity of K for assignment

A

NO

75
Q

are L and T2 in privity of estate for assignment

A

yes. property based connection
- L and T 2 are liable to each other for all covenants in the original lease that “run with the land”
ex: promise to pay rent, repair

76
Q

are L and T 1 still in privity of estate if assignment

A

NO

- however they remain in privity of K

77
Q

since L and T1 are in privity of K for an assignment what does that mean

A

T1 and L are REMAIN SECONDARY liable to each other

78
Q

what is difference b/w sublease and assignment

A

sublease: less than everything T has left
assignment: give up everything T has

79
Q

are L and subleasee in either privity of K or privity of estate with each other

A

NO

- Instead T 1 and T2 are responsible vice-versa

80
Q

what is L’s tort liability (CL: caveat lessee)

A

under CL tort, L was under NO DUTY to make premises safe

81
Q

5 x/c for L is not liable in tort to make premises safe (CLAP)

A

1) COMMON AREAS: L must control common areas
2) LATENT DEFECTS: must WARN t of hidden defects L knows or should know.
3) ASSUMPTION OF REPAIRS: L who voluntary makes repairs must complete them with reasonable care
4) PUBLIC USE:
5) SHORT TERM LEASE OF FURNISHED DWELLING: L is liable for any defect which is on site

82
Q

what is public use x/c for when L is not liable for torts to make premises safe

A

L who leases public space and who know, because of

1) NATURE OF DEFECT and
2) LENGTH OF REPAIR that T will not repair is liable for any defects on premises
- short lease

83
Q

what are some examples of public use leases

A

convention halls, museums

84
Q

when must a tenant remove annexed chattels during the lease

A

before the termination of the tenancy or they become the property of the landlord.

85
Q

what are the 2 types of fixtures problems

A

1) residential

2) commercial

86
Q

what is the residential rule for fixtures

A

court look at

1) nature of chattel (what is it?)
2) INTENT of person who connected the land
3) how much damage to real property would be caused by removing it

87
Q

what is the rule for fixtures for commercial purposes

A

trade fixtures: Tenant can remove all trade fixtures PRIOR to lease expiring

88
Q

rules for assignment of lease of assignor

A

T transfers possession of premises for remaining balance

  • when T transfers, STILL ON HOOK.
  • T ALWAYS ON HOOK for every subsequent assignee b/c privitiy of K
89
Q

what is the rules for assignment of lease of assignee

A

also held to rent b/c jointly and severally liable and b/c privity of estate.
- BUT if they assign to another then they ARE NOT LIABLE if new assignee fails to pay, b/c they are not longer in privitiy of estate

90
Q

when will a hold over tenant be applied the increase in rent

A

if a new lease terms AND Landlord informs the T of rent increase PRIOR to the lease expiring, than the tenant is held to be liable for the new rent

91
Q

the rules for hold overs of lease for commercial and residential

A

1) commercial: year-to-year if thats what the previous lease was
2) residential: just month-to-month if that was the former lease b/w the T and L

92
Q

If there is a provision declaring there is no transfer of lease and there is a transfer in violation of a lease provision prohibiting is the transfer void?

A

NO
- it would not make the transfer void or ineffective. The transfer itself is valid, but the landlord may usually terminate the lease under either terms or statute

93
Q

if a landlord grants consent to one transfer does the landlord waive other transfers

A

YES unless the landlord expressly reserves the right

94
Q

in IL what is a commercial lease duty for repair

A

NO DUTY TO REPAIR for commercial lease

95
Q

does quiet enjoyment apply to every lease

A

YES. both residential and commercial

96
Q

what does quiet enjoyment mean for leases

A

essentially T will nt be interfered with by L

97
Q

how is quiet enjoyment breached by L in lease

A

1) actual wrongful eviction
2) CONSTRICTIVE EVICTION
(a) substantial interference
(b) notice to land lord
(c) t vacates in reasonable time after L fails to fix problem

98
Q

When can a landlord increase rent for a hold over tenant

A

when the L told the tenant BEFORE the previous lease expired! must be before the previous lease expired, other wise the old rent applies

99
Q

What happens when a tenant transfers (assigns or subleases) in violation of a prohibition in the lease against transfers?

A

Generally, if a tenant transfers (assigns or subleases) in violation of a prohibition in the lease against transfers, the transfer IS NOT VOID. However the landlord may usually terminate the lease under the lease terms or statute

100
Q

What is a time frame for a periodic tendency for a commercial lease held over

A

Unless a residential lease is involved, a year to year tenancy results from holding over if it original lease term was for a year or more.

101
Q

If a landlord notifies a tenant before termination that occupancy after the termination date will be at an increased rent what happens?

A

the tenant will be held to have acquiesced to the new terms if they do not surrender. THIS IS SO EVEN IF THE TENANT OBJECTS TO THE INCREASED RENT, so long as the rent is reasonable

102
Q

At CL does a landlord have a duty to repair or maintain the premises?

A

NO, the duty must be provided for in the lease or required by statute or be implied by warranty of habitability

103
Q

What does warranty of habitability only apply to

A

only implied in residential tenancies.

104
Q

What happens if a surrender is not found?

A

T remains liable for the difference between the promised rent and the fair rental value of the property

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