Landlord/Tenant Law Flashcards
Leaseholds
Non-freehold estates
Types of Leaseholds
- Tenancy of/for Years
- Periodic Tenancy
- Tenancy at Will
Tenancy of/for Years
a lease for a fixed and determined period of time
- no notice required to terminate since you know exactly when it’s over
- must be done in writing if longer than a year to comply with SOF
Periodic Tenancy
lease continues for successive intervals until one party gives notice of termination
- can be mo/mo or yr/yr
- may arise through implication
- holdover could create this impliedly if LL doesn’t object
Tenancy at Will
tenancy for no fixed period of time for as long as either T or L desires
Common Law Duties of Tenant to LL
- Pay rent
- Repair reasonable issues that need to be fixed
- Legal obligations for liabilities to innocent third parties
Caveat Lessee
Doctrine of buyer beware
Assign
Transfer of entire interest from the tenant to another
Sublease
Transfer of part of the interest from the tenant to another.
Privity of Estate
mutual simultaneous interest in the same piece of property establishes landlord/tenant relationship (doesn’t require contract, but contract can be used to create it)
Novation
release by landlord of tenant
Headlease
The original lease between the landlord and the first tenant (before he transfers his interest)
Common Law Duties of LL to T (which replace caveat lessee in the ~1960s)
- Make and keep premises habitable
- L has to disclose latent (hidden) defects
- Maintain common areas used by all tenants
- Undertake repairs L promised or volunteered to
- Don’t fraudulently misrepresent the condition of the premises
- Abate immoral conduct on the premises
Illegal Lease Doctrine
lease is illegal if made in violation of a statute or that violates public policy; T can move to cancel lease/not pay
Retaliatory Eviction Doctrine
illegal to evict T for complaining
