Lease holds Flashcards
Periodic tenancy
No fixed duration, ie month to month.
Must give notice to terminate. inferred by the courts.
Estate for years
A lease for any fixed term which terminates automatically at the end if the term.
No requirement for notice by L or T to cancel.
Tenancy at will
No fixed term.
Can be terminated by either party w/o notice.
Intent to create must be express.
Modern rule requires reasonable notice.
Death of either party creates a tenancy at sufferance.
Tenancy at sufferance
Tenant in possession w/o the Ls permission. Aka holdover tenant
Tenant is trespassing.
L consents if accept rent.
tenant owes market value rent.
Delivery of possession.
Ls primary obligation under the lease.
Verify there are no holdover tenants.
Covenant of quite enjoyment.
Breached if T in possession is disturbed by the L. TP acting for L, or TP with superior claim to the property.
T not obligated to pay rent if evicted, and L may be liable for damages.
Constructive eviction
T’s use and enjoyment substantially interfered with so that T must leave.
T not obligated to pay rent.
Surrender of possession
L agrees to let T out of lease early.
Recovery of possession
L a right to evict limited to court proceedings.
No longer permitted to self help.
Acceleration clause
Failure to pay one installment of rent makes all future rent due now.
likely enforced.
Destruction of premises
T not usually have to pay rent under frustration of purpose or impossibility of performance.
Warranty of habitability
Implied in every residential lease that residence will be habitable.
Minimally, L required to comply with building, health and safety codes.
Cannot be waived by T or disclaimed by L.
T not required to leave premises to claim this.
Remedies for breach of warranty of habitability
- Refuse to pay rent/ put rent in escrow with court.
- Terminate lease.
- Use as defense for eviction or breach action.
- Repair defect and reduce from rent.
Retaliatory eviction
L not permitted retaliate for T complaining to him or to housing authority. Not allowed to:
- Evict
- Threaten to evict
- Raise rent, or
- Deprive T of services.
Exculpatory clause
Ls attempt to say not liable for negligence when he has a duty.
* not enforceable.
Repair clause
Lease can state that T is liable for all repairs as long as they don’t breach warranty of habitability.
Transfer of lease
New lessor takes responsibility for any problems old lessor had even if he didn’t know about them.
Attornment
To be signed by Ts when new L takes over.
Will negate any rights Ts had against old L.
Assignment
Either T or L assign the remainder of the term of the lease.
Assignee can be sued bc privity of estate (parties have successive interest).
Sublet
Either T or L assign a time portion of the lease, but it reverts back to them before expiration of the lease terms.
subletee cannot be sued by other party c’ no privity of estate or privity of K.
Assumption and Novation agreement
Must expressly state that the assignee takes over and assumes the lease.
Binds assignee as if they were the head tenant.
will not be implied.
