Landlord Tenant NonFreehold Estates Flashcards
Tenancy for Years (Term of Years)
Lease for fixed period of time, terminate date is noted.
No notice is needed to terminate
Term greater than 1 year requires writing
Periodic Tenancy
A lease for suscessive intervals
Express: To X for month-to-month
Implied: no mention of duration, but payment is set at intervals/oral term of year in violation of SOF/holdover tenant in residential lease
Termination of Periodic Tenancy
Written notice usually required.
Common Law: required notice must be at least equal to the period itself, except in cases involving year to year (only 6 months) parties may agree otherwise.
PERIODIC TENANCY MUST END AT THE CONCLUSION OF A NATURAL LEASE PERIOD
Tenancy At Will
Tenancy for no fixed duration
Unless parties expressly agree, to a tenancy at will, the payment of regular rent will cause a court to treat this as a periodic tenancy
Termination of Tenancy at Will
Traditionally no notice was needed.
Modernly: Reasonable amount of time
Tenancy At Suffereance
Created when the tenant has wrongfully held over past the expiration of the lease.
Termination of a Tenancy At Sufference
Last only until the landlord takes steps to evict the tenant. No notice of termination is required
Termination of Tenancy for Years
Ends automatically at the termination Date
landlord reserves a right of entry, which allows him to terminate et the lease if the tenant breaches any the of lease covenants. Failure to pay rent, absent a right of entry may still statutorily allow landlord to terminate.
may terminate if tenant surrenders tenancy and landlord accepts (same requires and needed as creation)
Holdover Doctrine
Landlord may do the following to a holdover tenant:
Evict, bind to new periodic tenancy (commercial tenant may be held to year-to-year lease if prior lease was for longer than one year)(residential will be held to month-to-month)
If landlord notices BEFORE termination of lease of rental increase and holdover occurs tenant will acquiesce to new terms
