Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Real Property > Leasehold Estates > Flashcards

Leasehold Estates Flashcards

1
Q

Leasehold Estates: 4 types

A

1) tenancy for years
2) periodic tenancy
3) tenancy at will
4) tenancy at suffrance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Leasehold Estates: Tenancy for years

A

Tenancy estate that lasts for a fixed period of time

  • Requires definitive beginning and end date
  • If longer than one year, lease must be in writing (SOF)
  • Terminates automatically at the the of the fixed period without notice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Periodic Tenancy: Definition

A

Tenancy estate that repeats until terminated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Periodic Tenancy: Operation of Law (2 situtations)

A

1) Invalid lease - If tenant takes possession despite an invalid lease (e.g. lease violates SOF), periodic tenancy arises upon LL’s acceptance of payment
2) Holdover tenant - If LL accepts rent from a holdover tenant, a periodic tenancy arises for the period the payment covers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Periodic Tenancy: Termination

A

Tenant must give proper notice, which requires:

1) Sufficient time - Notice must be given one full period in advance (6 mo for 1 yr lease)
2) Effective date - Must be at the end of the priod of the tenancy
* Parties can modify these terms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Tenancy at Will: Definition

A

Tenancy estate that either party can terminate at any time without notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Tenancy at Will: Creation

A

Without an express agreement, courts will treat the lease as an implied periodic tenancy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Tenancy at Will: Termination by Will

A

Either party can terminate the lease at any time without notice, but a reasonable demand to vacate the premises is usually required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Tenancy at Will: Termination by Operation of Law

A

Occurs upon any of the following:

1) Death of either party
2) Waste by tenant
3) Assignment by tenant
4) Transfer of title by the landlord
5) Lease by the landlord to a third party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Tenancy at Sufferance: Definition

A

Tenancy estate where tenant has possession by virtue of wrongfully remaining after termination of a lease (holdover tenant)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Tenancy at Sufferance: Creation

A

Tenant holds possession beyond lease expiration

  • Expired lease’s terms and condictions automatically carry over
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Tenancy at Sufferance: Landlord options

A

1) Sue to evict, or
2) Impose a new periodic tenancy

  • LL can increase rent if proper notice of increase is given before lease expires
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Tenancy at Sufferance: Exception

A

Imposing new periodic tenancy must be REASONABLE. Unreasonable if:

  • T only remains in possession for a few hours
  • T is not at fault for delay in vacating (e.g. illness)
  • Seasonal leases (e.g. ski cabin, beach house)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Tenants’ Duties at Common Law: Duty to Repair

A

T must maintain premises, make ordinary repairs, and not commit waste

  • Terms can be modified by lease
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Tenants’ Duties at Common Law: 3 types of waste

A

1) Voluntary - overt, harmful acts (e.g. removing fixtures)
2) Permissive - neglect
3) Ameliorate - Alterations increasing property value

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Tenants’ Duties at Common Law: Destruction of Premises w/o Fault

A

Common law - tenant held liable for any loss

Modern law - tenant can terminate lease

17
Q

Tenants’ Duties at Common Law: Liability to Third Parties in Tort

A

Tenant may be liable for injuries to third persons from the dangerous conditions within T’s control

18
Q

Fixtures: Definition & Exception

A

Once-movable chattel that is affixed to real property such that it becomes part of the realty
- Usually pass with ownership of land, EXCEPT that a life tenant’s representative may remove within a reasonable time after life tenant’s death

19
Q

Fixtures: Determining whether chattel has become a fixture

A

Chattel integrated into a structure (e.g. heating pipes, bricks built into a wall) almost always becomes a fixture

  • Affixor’s intent is usually determinative
  • Almost always fixture where affixor attach own chattel to own property
20
Q

Landlord Remedies for Tenant Breach: Tenant retains possession

A

LL may file for notice of eviction or continue the lease and sue for rent due

21
Q

Landlord Remedies for Tenant Breach: Tenant abandons premises

A

LL may:

  • Treat as a surrender and release T from the lease,
  • Hold T liable for unpaid rent (minority), or
  • Lease premises to new T and hold breaching T liable for any losses (majority)
22
Q

Landlord’s Duties & Warranties: 4 implied duties

A

1) Duty to deliver possession on first day of lease
- Actual possession (majority) or legal possession (minority)
2) Implied covenant of quiet enjoyment
3) Implied covenant of habitability
4) Tort liability

23
Q

Implied Covenant of Quiet Enjoyment: Defintion

A

T has an implied right to quiet use and enjoyment of the premises, without interference from the landlord
* Breach may occur by actual or constructive eviction or LL’s wrongful conduct

24
Q

Implied Covenant of Quiet Enjoyment: Actual eviction

A

Landlord wrongfully evicts or excludes tenant from property

25
Q

Implied Covenant of Quiet Enjoyment: Constructive eviction

A

LL’s action or inactions render the property uninhabitable or unusable

26
Q

Constructive Eviction: 4 elements

A

1) Breach of duty
2) Substantial interference
3) Notice
4) Vacate

27
Q

Constructive Eviction: Substantial interference

A

Major and/or chronic problems (e.g. leaky roof) are caused by LL’s wrongful conduct

28
Q

Constructive Eviction: Notice

A

T must inform LL and give a reasonable opportunity to repair

LL must fail to act meaningfully

29
Q

Constructive Eviction: Vacate

A

T must vacate within a reasonable period after LL fails to repair

30
Q

Implied Warranty of Habitability: Definition

A

Residential property must be fit for basic human dwelling

31
Q

Implied Warranty of Habitability: Characteristics

A
  • Residential only
  • Absolute duty (cannot be modified by lease terms)
  • Local code or case law specifies standard for breach

E.g. no heat in winter, no plumbing, no water, etc.

32
Q

Implied Warranty of Habitability: Tenant’s remedies

A

After giving notice, T can MRRR

1) Move and terminate lease
2) Repair reasonably and deduct costs from future rent
3) Reduce or withhold rent until court determines fair rental value given breach
* T must place withheld rent in escrow
4) Remain in possession and seek money damages

33
Q

Landlord Tort Liability to Tenant: 5 situations

A

LL is liable for injuries involving:

1) Common areas
2) Latent defects
3) Assumption of repairs
4) Public use
5) Seasonal or short term lease of a furnished dwelling

34
Q

Landlord Tort Liability to Tenant: Common areas

A

LL must exercise REASONABLE CARE in maintaining and repairing common areas

E.g. hallways, stairs

35
Q

Landlord Tort Liability to Tenant: Latent defects

A

LL has a DUTY TO DISCLOSE hidden defects they should reasonably know of

36
Q

Landlord Tort Liability to Tenant: Assumption of repairs

A

LL is liable for harm cause by NEGLIGENT repairs they choose to undertake

37
Q

Landlord Tort Liability to Tenant: Public use

A

LL is liable for known defects if they know the property is for public use and T is unlikely to repair

38
Q

Landlord Tort Liability to Tenant: Seasonal or short-term lease of a furnished dwelling

A

LL is liable for defects that cause harm to tenant

39
Q

Assignments & Subleases: Interpretation

A

Lease provision restricting assignment or sublease are enforceable, but generally construed against LLs

Real Property (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions