Leasehold Estates Flashcards
Periodic Tenancy
Has no time limit,
Lease automatically renews
Tenancy for Years
Has a certain time limit,
No notice needed to terminate,
When date arrives vacate premises
Tenancy at Will
Let’s tenant possess the property with consent from landlord. Can be terminated at anytime by either
Tenancy at Sufferance
Stays without consent,
If gets permission to stay is a hold over
Reversionary Right
Owners right to retake property after lease expires
Oral lease under 12 months r unenforceable
Lessors
And
Leases
Lessors- leased fee interest
Lessees- leasehold interest
Lease option-
Lease purchase-
Option- tenant has option to purchase property at specified price within a period.
Purchase- tenant agrees to purchase at time and price, usually at end of the lease.
Gross (straight) lease-
Tenant pays fixed retal amount, owner pays all ownership expenses.
Tenant usually pays for utilities
Net lease-
Agrees to pay ownership expenses
Percentage lease-
Commercial tenant agrees to pay fixed base rental plus a percentage of gross income of minimum sales
Sale-leaseback
Grantor sells property to grantee and then leases it back
Graduated lease-
Allows for periodic step up of rent payments,
Can be used to attract tenants
Index lease
Used at times of inflation,
Allows the lease payment to change based on index.
Has the escalation clause
Actual eviction-
Constructive eviction-
A- landlord files suit for possession because tenant has breached the lease
C- landlord breaches lease and tenant leave because it became uninhabitable