Leasehold Estates Flashcards
Does a tenant have seisin?
NO
Property Law says Non-Freehold Estates rooted in feudal lease
Once landlord coveys possession to the tenant, he owes the tenant nothing
Tenant has all the duties and rights
Duty to pay is independent
Pro Landlord
Modern idea is that Non-Freehold Estates rooted mutuality of obligation
Tenant inherently has more rights when lease is viewed as contract and they are equal partners” in the contract
Duty to pay is dependent
Pro Tenant
When does a tenancy end?
Fundamental question to distinguish between three non-freehold estates
Estate for Years
No notice needed for tenant to terminate.
End date is certain –can terminate earlier
Periodic Tenancy
“Year to year” term or “month to month”
Lasts for certain fixed period or fixed term but can be automatically renewed for another fixed period unless the landlord or tenant gives notice of termination
Notice required = at least one full period before
If periodic tenancy is 1 year = max notice is 6 mos.
Tenancy at Will
Tenancy of no fixed period that endures so long as both the landlord and the tenant desire.
Can be terminated at will without need to notify
No conditions on how they will terminate
If landlord or tenant dies, the tenancy is over
At common law, is notice needed to terminate?
NO!!!!!
Modern times, how much notice is needed?
Enumerated by statute
Garner v. Gerrish
COMMON LAW RULE DOES NOT EXIST
The common law notion that if one party has a tenancy at will, the other has a tenancy at will does not exist.
This was a Life Estate Determinable
Lease terms stated “for and during the term of quiet enjoyment from the first day of May 1977 which term will end – Gerrish has the privilege of termination this agreement at a date of his choice.”
Life estate accompanied by term “as long as tenant desires” = life estate determinable in what the lease created
