Landlord/Tenant Law (Module 3-5) Flashcards
Four Types of Leasehold Estates
1) Tenancy for Years
2) Periodic Tenancy
3) Tenancy at Will
4) Tenancy at Sufferance
Tenancy for Years Lease Overview
Fixed, determined period of time and know what the end date is
Terminates:
1) when the end date hits; no notice to the tenant is needed
2) landlord exercises “right of entry” which allows them to terminate the lease if tenant breaches any of the lease covenants like failure to pay rent
* if tenant stays past the specified end date, LL can either evict them OR hold them to a new periodic tenancy
* that new periodic tenancy would have same terms of expired contract
3) both parties agree to end it
Periodic Tenancy Lease Overview
Lease continues for successive intervals (e.g., month to month) until either the LL or T gives proper notice of termination
Creation:
- Express
- By implication - either 1) no mention of duration in lease, 2) is for a term of years and is made orally in violation of SOF, or 3) LL elects to “hold over” tenant who has wrongfully stayed past termination of the lease
Termination of Periodic Tenancy
Notice (usually written) must be given
For month-to-month need to give a month notice, for week-to-week a week, and if it’s year-to-year at least one month
Tenancy at Will Overview
No fixed period of duration, terminated at will of either party (ex. “To T for as long as T or LL desires”)
Must be created by an express agreement, because payment at regular intervals of rent will imply a periodic tenancy
Tenancy at Sufferance Overview
Created when a tenant wrongfully holds over (remain in possession past expiration of the estate); T is given this status so that LL is still permitted to recover rent
Lasts only until LL evicts or agrees to give T a new tenancy
LL Options for “hold-over” tenants
1) treat them as a trespasser and evict them
2) bind them to a new periodic tenancy that has the same t/c’s of the expired lease
Option to Purchase under a Lease
Separate K supported by consideration that is a continuing offer to sell land at a specified price; must be in writing
Lasts as long as the lease; the consideration given to keep the option is kept by LL if T doesn’t exercise because consideration was to keep option open
Tenant’s Duty to Repair
When lease is silent tenant has duty to:
1) maintain premises (routine repairs but not things like normal wear and tear)
2) must not commit waste (“voluntary”, “permissive” i.e., be negligent and cause damage, “ameliorative”)
If it’s a nonresidential lease then an express covenant to repair in the lease is enforceable and can include things like having to pay for wear and tear
Tenant’s Duty to Pay Rent/Landlord’s Rights if they don’t
Landlord can either evict or continue the relationship and sue for rent
Landlord can’t engage in self-help has to go through proper judicial avenues
If T doesn’t pay rent but is no longer in possession, in majority of states LL should re-let the premises (i.e., mitigate damages) and hold original T liable for any deficiency
Landlord Duty: Implied Covenant of Quiet Enjoyment
Right of tenant to be free from interference from LL or any paramount title holders
Breach of Lease by Wrongful Eviction (Actual or Partial)
Actual Eviction: LL excludes from entire leased premises automatically terminates T’s obligation to pay rent
Partial Eviction: T is physically excluded from only part of premises; relives T of duty to pay rent for the entire estate
Breach by Constructive Eviction
Occurs when LL’s breach of duty renders the premises unsuitable for occupancy
To terminate or seek damages in this situation, T must: S I N G
Substantial Interference: chronic problem due to LL’s actoins/failures
Notice: T must notify L of the problem
Get out: T must vacate in a rxble time after L fails to remediate (important because can’t say constructive evict if still living there)
When LL Breaches Implied Warranty of Habitability T can…
Has four options:
1) move out and terminate the lease
2) repair and deduct
3) reduce or withhold rent (put in escrow)
4) remain in possession, pay full rent, and seek damages
Fair Housing Act
Protects tenants and potential tenants from discrimination on basis of race religion etc.
LL must also allow disabled tenants to make rxble accommodations to accomodate their disability
Does not apply to:
1) owner-occupied buildings with four or fewer units
2) single family homes owned by a LL who owns 3 or less of such homes
Note: even if it falls under one of these exceptions, the owner still cannot advertise discriminatorially
Assignment of Lease by Tenant
Is allowed unless K expressly states otherwise
T transfers the entire remaining term of the lease and T2 “stands in their shoes”
The assignee and the LL are in “privity of estate” (runs with possession, LL owes warranty of habitability, T has duty to repair/pay rent, etc.)
The assignor and the LL are in “privity of contract” and assignor remains liable for all original contractual obligations
NOTE: if T1 assigns to T2 who then assigns to T3, then T2 is no longer in privity of estate (or contract) with LL
Sublease
Arises when original tenant transfers less than their entire interest to T2
T2 and LL are neither in privity of contract nor estate and T2 is responsible to T1 and vice versa (so if T2 doesn’t pay rent, LL goes after T1 who then has to go after T2)
Assignment of Lease by Landlord
Usually when an LL conveys deed to a new owner, tenant has no say in this and has to pay rent to the new LL
New LL is responsible for all covenants in the lease BUT original LL also remains liable for all covenants in the original lease
Landlord Tort Liability (Caveat Lessee)
i.e., “buyer beware”; in tort, LL is not under any duty to make the premises safe
Exceptions to Caveat Lessee
CLAPS
- Common areas
- Latent Defects (must warn of hidden defects that LL knows/should know about and T couldn’t reasonably find)
- Assumption of repairs (if LL repairs negligently they are liable)
- Public use rule (for something like convention hall, T is only using for short time, then LL is responsible still for any injury to members of the public that occur)
Short-term lease of furnished dwelling (LL is responsible for any defect that injures T)
General Duty of Reasonable Care (Modern trend to caveat lessee)
LL owes general duty of reasonable care to residential Ts and will be held liable in tort for injuries occurring from ordinary negligence if the LL had notice of the defect and opportunity to repair
