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Property > Landlord Tenant Relationship > Flashcards

Landlord Tenant Relationship Flashcards

1
Q

Landlord Tenant Relationship

A

LL conveys right to occupy to a tenant for a certain period of time
LL: leasor
Tenant: leasee

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2
Q

What does the LL retain?

A

Reversion

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3
Q

Why was land leased at CL?

A

leased land in order to farm

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4
Q

Chattel Real

A

lease; piece of personal property; has stick of possession

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5
Q

Types of Tenancies (4)

A

1) Tenancy for Term
2) Periodic Tenancy
3) Tenancy at Will
4) Tenancy at Sufferance

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6
Q

Tenancy for Term

A

Term for Years
Automatically ends once time lapses; LL’s reversion kicks in once term ends
ex: 12 month lease

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7
Q

Periodic Tenancy

A

Fixed term which renews automatically unless tenant or LL terminates
ex: month-to-month lease

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8
Q

Tenancy at Will

A

No definite term
Continuous until either party terminates
Not automatically renewed
Tenant must be asked to leave

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9
Q

Tenancy at Sufferance

A

“Hold over” tenant

Tenancy ends but the tenant has yet to leave

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10
Q

Statute of Frauds 1677

[CL, ML, & TX]

A

CL: lease req’d to be in writing if longer than 3 years
ML: all leases req’d to be in writing
TX: all leases longer than one year must be in writing

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11
Q

Access to Rental Market

[CL & ML]

A

CL: landlord could exclude anyone for any reason or no reason at all
ML: restricted by federal, state, and local laws

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12
Q

CL Innkeeper Rule

A

Cannot discriminate or refuse to rent

ML: access to rental market modeled after this rule

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13
Q

Federal Fair Housing Act

A

Cannot discriminate based on:

Age ,Color, Race, Religion, Sex/Gender, Family Status, National Origin, or Handicap

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14
Q

General Principle of Federal Fair Housing Act

A

Cannot discriminate based on something a person cannot change (something they are born with)

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15
Q

What things are not considered a “protected class” by the Federal Fair Housing Act?

A

Age, Non-service pets, Personal Appearance, Income, # of occupants, Smoking/Drinking, Drug Manufacturing

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16
Q

Ordinary Reader Test

A

Would an ordinary reader feel discriminated against?

Discrimination does not have to be intentional so long as an ordinary reader feels discriminated against

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17
Q

Tenant’s Right to Possession

A

Lease transfers a present possessory estate to tenant

LL has right to protect his reversion from waste

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18
Q

What happens when new tenant shows up, but the previous tenant has yet to move out?
(3)

A

1) American Rule
2) English Rule
3) Lease Terms

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19
Q

Obtaining Possession:

American Rule

A

Up to the tenant to remove unauthorized person
*Minority approach
LL duty: only to deliver legal possession

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20
Q

Obtaining Possession:

English Rule

A

LL responsible for removing unauthorized persons
*Majority approach
LL duty: to deliver actual, physical possession and legal possession

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21
Q

Obtaining Possession:

Lease Terms

A

Study lease; sometimes expressly stated in the lease who is responsible for removing unauthorized persons
State law may require residential LLs to place tenants in actual possession regardless of lease terms

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22
Q

Which rule does TX follow in regards to obtaining possession?

A

English Rule

LL’s responsible for removing unauthorized persons

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23
Q

What if possession is disrupted by 3rd party after tenant has possession?
(General Rule)

A

Tenant is responsible for removing intruders/unwanted guests

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24
Q

The Holdover Tenant

A

Tenant who remains after lease has expired

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25
Q

LL’s options in dealing with Holdover Tenant

2

A

1) Evict

2) Periodic Tenant (create another term of tenancy)

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26
Q

When the LL treats holdover tenant as periodic tenant, he must look at _______ before creating a new term of tenancy.

A

The duration of overstayed welcome

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27
Q

CL Condition of Premises

A

Lease was a conveyance

  • LL responsible for the condition of the premises
  • Tenant had DUTY to protect LL’s reversion and not commit waste
  • Value of lease was the use of the land (farming), not the buildings on the land
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28
Q

CL LL’s Duties regarding the Condition of the Premises

2

A

Not to misrepresent condition

Reveal known, undiscoverable, hidden defects

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29
Q

Condition of Premises:

CL Independent Covenants

A

Tenant could not withhold rent b/c conditions were not met

No tender allowed

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30
Q

Condition of Premises:

ML

A

Implied Warranty of Habitability

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31
Q

Implied Warranty of Habitability

A

Property will be ready for tenant to take actual and legal possession

  • Primarily for residential tenancies
  • By court judgment
  • By legislation
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32
Q

Which approach does TX follow for Condition of Premises?

A

ML / Implied Warranty of Habitability
- property fit for living at beginning and during the lease
Became Duty to Remedy/Repair

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33
Q

Duty to Remedy / Repair

A

Diligent effort to repair or remedy a condition if NOTICE is given by the tenant and NOT delinquent in rent pmt
- condition must materially affect the physical health or safety of an ordinary tenant

34
Q

T/F

Implied Warranty of Habitability is still good law in TX.

A

True, but only for commercial leases

Residential leases: Duty to Remedy/Repair

35
Q

Eminent Domain:

What if the gov’t takes property a tenant is renting?

A

Depends on what the gov’t takes

  • Only LL’s reversion
  • Only part of the property
  • Takes it all
36
Q

Eminent Domain:

Gov’t takes only the Reversion

A

Tenant’s rent now goes to the gov’t

- Gov’t becomes new LL

37
Q

Eminent Domain:

Gov’t only takes part of the property

A

Tenant only pays rent for the parts still rented to him

38
Q

Eminent Domain:

Gov’t takes it all

A

Tenant does NOT pay rent
- if lease’s rent is lower than market value, then the lease has value and gov’t must pay compensation in order to take it

39
Q

Possible Tenant’s Remedies

4

A

1) Withhold rent
2) Repair and deduct cost from rent
3) Sue for damages
4) Treat as constructive eviction and move out

40
Q

Tenant’s Remedies:

Withhold Rent

A

Violations must be so serious as to affect health and safety of tenant
- still must pay rent but pay to the registry of the court (not the LL)

41
Q

Tenant’s Remedies:

Repair & Deduct Cost from Rent

A

Only if LL does not repair in a timely manner or LL tells tenant to do so

42
Q

Tenant’s Remedies:

Treat as constructive eviction and move out

A

LL breaches duties enough for termination of lease and tenant can move out

43
Q

Typically, whose fault is it? LL or Tenant?

A

Tenant

44
Q

Determination of Rent

2

A

Free Market: agreement between LL and tenant

Rent Control: limited by the gov’t

45
Q

Use of Premises

3

A

1) Silent lease
2) Lease indicates use
3) Lease restricts use

46
Q

Use of Premises:

Silent Lease

A

Any legal use is permitted

47
Q

Use of Premises:

Lease Indicates use

A

Precatory, suggestive

- only limitation if residential lease

48
Q

Use of Premises:

Lease Restricts Use

A

Only the allowed use permitted

If expressly restricted, then restriction is effective

49
Q

Effect of Tenant’s Illegal Activities at CL

A

Unless expressed in a lease provision, the tenant does NOT forfeit the lease

50
Q

Effect of Tenant’s Illegal Activities at ML

A

Tenant forfeits lease (typically expressed in the lease)

51
Q

Waste

A

Tenant has DUTY not to commit either voluntary or involuntary waste

52
Q

What can LL get as remedy for waste? Why?

A

Injunction
Damages
Eviction

LL has RIGHT to protect his reversion

53
Q

Waste and Implied Warranty of Habitability

A

LL has to take care of the waste if involuntary

54
Q

Fixture

A

Tenant may remove and take

  • No Substantial damage once removed
  • Tenant must repair or pay for the damage of removal
55
Q

Improvement

A

Stays with the Property (not removable)
ex: fence, wall
know difference from fixture

56
Q

Injuries to Persons on the Property

CL

A

LL not responsible

57
Q

Exceptions to CL rule of Injuries to Persons on the Property

7

A

1) Fail to disclose known, hidden defects (fraud)
2) Leased to public admission
3) ST lease of furnished dwelling
4) Breach of express covenant to repair
5) Negligence in repairs
6) Injury occurred in common area under LL’s control
7) Breach of statutory duty to repair

58
Q

Injuries to Persons on the Property

ML

A

Movement to adopt tort-based rule of Reasonable Care and Foreseeability

59
Q

Injuries to Persons on the Property:

LL’s duty to protect from 3rd parties

A

CL: no duty to protect from another’s criminal act
ML: was LL negligent? did LL take reasonable steps to avoid harm from 3rd party?

60
Q

Injuries to Persons on the Property: TX

A

NO legal duty to protect from criminal acts of another. However, if foreseeable as a result of negligence, then LL can be liable

61
Q

Injuries to Persons on the Property: TX Foreseeability

A

Requires only GENERAL DANGER be foreseeable, NOT the SPECIFIC SEQUENCE of events that will occur

62
Q

Injuries to Persons on the Property: TX S. Ct. Evidence Factors of LL liability
(5)

A

1) Proximity
2) Recency
3) Frequency
4) Similarity
5) Publicity

63
Q

LL’s Remedies for Tenant’s Bad Behavior

5

A

1) Terminate lease
2) Sue for damages
3) Retain part/all of security deposit
4) Evict
5) Lien on contents of property

64
Q

Eviction before 1381

A

Force allowed so long as no serious injury or death resulted

- LL could forcibly remove tenants

65
Q

1381 Statute of Forcible Entry

A

Self-help eviction allowed but req’d to be PEACEFUL
Forcible entry NOT allowed
- LL may not use force
- Police may use force

66
Q

Eviction ML

A

Heavily regulated by the state
Some states prevent LL from denying services to non-paying tenants
Forcible detainer prohibited, even if peaceful

67
Q

Example of Forcible Detainer

A

Ex: change the locks on the apartment

68
Q

ML TX for nonpaying Tenants

A

If tenant pays utilities, LL may not cut off for failure to pay rent
If LL pays utilities, LL may cut off for failure to pay rent

69
Q

Retaliatory Eviction

A

LL takes eviction actions to “get even” with tenant who asserts his rights

  • Prohibited in TX
  • Defense for tenants
70
Q

TX statute regarding Retaliatory Eviction

A

Prohibited

- After 6 months of the date complaint is filed, the retaliatory motive is deemed to end

71
Q

Transfers by LL

A

LL may transfer the reversion
CL: attornment
ML: no attornment; LL does not have to seek tenant’s consent to convey

72
Q

Attornment

A

LL required to seek tenant’s consent before transfer
CL concept
Abolished in England 1705

73
Q

Transfers by Tenant

A

LL may limit
- Commonly restricted by lease
- Courts typically uphold restriction but strictly construe it
Trend: prevent LL from withholding consent in unreasonable manner (not TX)
Trend: req LL’s consent even if K is silent

74
Q

Transfers by Tenant (TX)

A

Tenant may not rent to any other person without LL’s consent
Enacted 1983 & NEVER amended
- part of TX Const.

75
Q

Types of Transfers at CL

2

A

Assignment

Sublease

76
Q

Assignment

A

Tenant transfers ENTIRE interest to assignee
- Substitution analogy; assignee steps into shoes of of tenant
Assignee = tenant of LL now; they owe duties to one another
But, tenant still liable to LL under original terms of lease unless LL executes release, not mere consent

77
Q

Who does the Assignee pay?

A

LL directly

78
Q

Sublease

A

Tenant transfers LESS THAN the entire interest to subtenant
- Subinfeudation analogy
Subtenants duties = to the tenant, not LL
LL duties = to tenant, not subtenant

79
Q

Who does the subtenant pay rent to?

A

Tenant, who then pays LL (could continue on forever)

80
Q

Transfers at ML

A

Treat all lease transfers as ASSIGNMENTS

Property (7 decks)

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