leasehold estates Flashcards
leasehold estate
an estate in which the tenant has a present possessory property interest and the landlord has a future interest (reversion)
types of leasehold estates
1) tenancy for years
2) periodic tenancy
3) tenancy at will
4) tenancy at sufferance
tenancy for years
lasts for a fixed period of time; terminates automatically at end of fixed period
periodic tenancy
leasehold that is continuous for successive intervals (e.g. weeks or months) until other party gives notice of termination
creation of periodic tenancy
1) express
2) implied
3) operation of law (either tenant takes possession despite invalid lease or if landlord accepts rent from a holdover tenant)
termination of periodic tenancy
tenant must give proper notice, which requires sufficient time (one full period in advance) and effective date
parties can agree to modify these requirements
tenancy at will
tenancy with no fixed duration, terminable by either party at any time w/o notice
created by express agreement
termination of tenancy at wil
1) by will
2) by operation of law (death, waste by tenant, assignment by tenant, transfer of title by LL, lease by LL to a third party)
tenancy at sufferance
default tenancy that arises when a tenant continues to possess property after the lease expires (i.e., a holdover tenant)
landlord options for tenancy at sufferance
1) sue to evict
2) impose a new periodic tenancy (must be reasonable)
tenant duties at common law
1) duty to repair; must not commit waste
2) duty to pay rent
3) duty to not use property for illegal purposes
4) liability to third parties in tort
fixture
once-movable chattel that is affixed to real property such that it becomes part of the realty
intent controls; chattel integrated into a structure almost always becomes a fixture
tenant removal of fixtures
tenant may remove chattel she installed if:
1) removal occurs before lease expires, and
2) removal does not cause substantial harm to the property
landlord remedies for tenant breach if tenant retains possession
LL may:
1) file for notice of eviction, or
2) continue the lease and sue for rent due
landlord remedies for tenant breach if tenant abandons premises
LL may:
1) surrender and release tenant from lease
2) ignore (minority rule) and hold tenant liable for unpaid rent
3) re-let (majority rule); lease premises to new tenants and hold breaching tenant liable for any losses
landlord duties and warranties
1) duty to deliver possession on first day of lease (majority = actual possession; minority = legal possession)
2) implied covenant of quiet enjoyment
3) implied warranty of habitability (residential only)
4) tort liability
implied covenant of quiet enjoyment
a tenant has an implied right to quiet use and enjoyment of the premises, without interference from LL
breach may occur by actual or constructive eviction
actual eviction
LL wrongfully evicts or excludes tenant from property
constructive eviction elements
1) breach of duty
2) substantial interference
3) notice
4) vacate
implied warranty of habitability
property must be fit for basic human dwelling
residential property ONLY; cannot be modified by lease terms
breach of implied warranty of habitability - tenant remedies
after giving notice to LL, tenant can:
1) move
2) repair and deduct costs from future rent
3) reduce/withhold rent
4) remain in possession and seek $$$ damages
landlord tort liability
1) common areas - reasonable care
2) latent defects - duty to disclose
3) assumption of repairs - negligence
4) public use - liable for known defects
5) seasonable or short term lease of furnished dwelling
assignment
entire leasehold transfers from tenant to assignee
assignee owes rent directly to LL, but assignor remains liable for unpaid rent unless LL expressly releases tenant
sublease
partial leasehold transfers from sublessor to sublessee; sublessee is not liable to LL for rent and is not bound by any lease covenants unless expressly assumed
