Landlort - Tenant Flashcards
Tenancy for years/term of years/estate for years
Lease of fixed determinable period.
No notice required for termination
> 1 year subject to SOF
Periodic tenancy
Successive or continuous intervals
Notice required to termination. Must be at least equal to length of period w/ natural lease period.
Express or implied: implied if: no duration specified but payment required at specific intervals; oral agreement of terms of years with payment at specific intervals; or if L elects to holdover T who wrongfully stays.
Tenancy at will
No fixed period of duration.
Can terminate at any time.
NC follows the maj. rule that a tenancy at will can be terminated by either the L or T w/out advance notice
Tenancy at sufferance
T wrongfully holds over expiration of lease.
Tenant duty to 3rd party
Keep premises in good repair; liability for injuries sustained by invitees, even if L promised to repair.
Tenant duty to repair
Maintain premises and make ordinary repairs.
No waste.
Fixtures: pass w/ ownership of land unless: private agreement or T can remove w/out causing substantial harm to premises.
Loss: CL T liable for any loss, including force of nature.
Modern: if loss w/out fault of T, T may terminate lease
T duty to pay rent
CL: duty independent of L’s obligations. Mod: duty dependent on L’s covenants under the lease.
Breach when T on property: commercial Ts may be held for new year to year lease if original was > 1 year.
Residential Ts may be held to new month to month lease, regardless of original term. Rent = new rent if L advised T before term of old lease or old rent if L advised T after term.
Breach when T out of possession: SIR
Surrender (L treats as ending of leasehold, but if > 1 year left, writign may be req’d;
Ignore: hold T responsible for rent unpaid
Re-let: hold T liable for deficiency but L must diligently try to re-let.
Landlord duty to deliver possession
Majority/English rule: Put T in physical possession; if former T on premises, L is liable for damages.
Minority (American rule) put T in legal possession; if former T on premises it’s T’s issue.
Implied covenant of quiet enjoyment
Breached by total/partial actual or constructive eviction.
Total eviction: L excludes T from entire premises; or actual continual refusal to repair material damges that prevent habitability (terminates T’s obligation to pay rent.
Partial eviction:3rd party retakes and physically excludes T from portion of leased premises (rent proportionally reduced.
Constructive eviction
SING
Substantial
Interference (chronic problem fundamentally incompatible w/ quiet enjoyment;
Notice (T notifies L who fails to respond;
Get out: T must vacate w/ in reasonable time
Landlord duties to other Ts:
L not responsible for actions of other Ts, except cannot permit nuisances and must control/police common areas.
Landlord duties for torts
CLAPS
Common areas (must maintain);
Latent defect (warn of those he should be aware of)
Assumption of repairs (if you say you’ll fix, fix w/ reasonable care)
Public Use Rule (defects if leasing public space);
Short term lease of furnished apartment (liable for any defects causing harm)
Implied warranty of habitability
Residential only
Fit for basic human habitation as determined by housing code or judicial conclusion.
Breach: M+3Rs
Move out and terminate
Repari and deduct
Reduce rent or withhold until ct determines fair market value but put $ in escrow;
Remain and sue (pay rent and get damages)
Tenant for for assignment/subletting
Tenant power: T only has ability to assign or sublease the interest he has. If extended, the sublease for that extra time would be invalid and the subletter/assignee could be ejected.
Assignments
Transfer entirety.
L and T2 are in privity of estate but not privity of K.
L and T1 are not in privity of estate but privity of K.
T2 is primarily responsible and T1 is secondarily resonsible.
