Landlord/Tenant Law Flashcards
Tenancy for Years
- Tenancy that lasts some fixed amount of time.
- Terminates at the end of the stated time period (no notice is required to terminate).
Periodic Tenancy
- Tenancy for some fixed period that continues for succeeding periods until either party gives notice of termination.
- Terminates by notice from one party equal to the length of the time period. (EXCEPTION: 6 months notice is required for anything greater than a year to year).
NOTE: Must terminate on a natural period (not in between periods).
Tenancies at Will
- Tenancy for no fixed duration lasting as long as both parties desire.
- Terminates when one party displays an intention that the tenancy should come to an end. Also, by death or attempt to transfer interest.
Tenancy at Sufferance and Holdover Doctrine
Defined: Tenant wrongfully holds over after termination of the tenancy. Terminates when landlord evicts tenant or elects to hold tenant to another term.
Holdover Doctrine
STEP 1: Commercial or Resedential?
- Resedential Tenant: Tenant locked into a month-to-month periodic tenancy.
- Commercial tenant: Tenant is locked into a tenancy reflective of previous lease (if over a year, then only a one year lease).
STEP 2: Rent amount?
- Rent amount: If the tenant prior to expiration of writren lease was notified there was going to be a rent increase then the tenant has to pay amount. Otherwise, pay old amount.
Fixtures
Rule: Fixture is a chattel that has become attached to the real property.
Test depends on resedential or commercial lease?
- Resedential: Test is how much damage will be caused to real property if the chattel is removed? More damage than less likely it is removable.
- Commercial: A commercial tenant prior to exipration of lease the tenant is allowed to remove all trade fixtures from the premises.
NOTES:
- When T removes a fixture he commits voluntary waste, even if T installed the fixture.
- Express agreement can overcome fixture requirements.
T’s Duty to Pay Rent
- If T is in possession of the premises and fails to pay rent, landlord can:
- evict through the courts; or
- continue the relationship and sue for rent owed (tenant is liable for rent until T vacates).
- LANDLORD MUST NOT ENGAGE IN SELF HELP.
- If T doesn’t pay rent but is out of possession, then landlord may (“SIR”):
- Surrender: Treat T’s abandoment as implicit offer of surrender that T gave up the lease. Must be in writing if unexpired term is > 1 year.
- Ignore: Ignore the abandoment and hold T responsible for unpaid rent (minority of states).
-
Re-let: Re-let the premises on T’s behalf and hold him/her liable for any deficiency:
- Majority: L must TRY to re-let (mitigation principle).
Duty to Deliver Possession
British Rule (Majority): L must put T in actual possession.
American Rule Or Minority View: Obliges L to deliver legal possession but not actual possession.
Implied Covenant of Quiet Enjoyment
- T has a right to use quiet use and enjoyment of the premises without interference from L (applies to both resedential and commercial leases).
- Breached either by actual wrongful eviction or contructive eviction.
Breach by Actual Eviction (quiet enjoyment)
- This occurs when L wrongfully evicts T, or excludes T from the premises.
Constructive Eviction
Remember SING:
S. I. : Substantial interference due to L’s actions or failures. Chronic problem not necessarily permanent problem.
N: Notice - T must tell L of the problem. L must fail to act meaningfully.
G: Goodbye: T must vacate within a reasonably time after L fails to fix the problem.
NOTE: L is not liable for acts of other tenants EXCEPT if L permits a nuisance on site. L also must control common areas.
Implied Warranty of Habitability
Standard: The premesis must be fit for basic human dwelling, meaning bare living requirements must be met.
NOTE: Only applied to resedential leases.
Breach of Implied Warrenty of Habitability
REMEMBER MR3
- M:
- Move out and end the lease (but T doesn’t have to).
- R:
- Repair and deduct (allowable by statute in growing # of jurisdictions).
- R:
- Reduce rent or withold all rent until court determines fair rental value (place in ESCROW).
- R:
- Remain in possession, pay rent and affirmatively seek money damages.
Retaliatory Eviction
Assignment vs. Sublease
Landlord Tort Liability
Common Law: In tort, L was under no duty to make the premises safe. (Tenant “CLAPS” when hearing of exceptions):
C: Common Areas
- L must maintain all common areas.
L: Latent Defects
- L must WARN T of hidden latent defects that L knows about or should know about (but no duty to repair).
A: Assumption of repairs
- If L voluntarily makes repairs must complete them with reasonable care.
P: Public use rule
- L who leases public space and should know, because 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.
S: Short term lease of furnished dwelling
- L is liable for any defect on site.
