Leasehold Estates Flashcards
Tenancy for years
Fixed period of time
Can be 2 weeks or 30 years
Notice: None
Periodic Tenancy
Year to year. Month to month
Can be implied if no mention of duration but provision is made with set date to pay rent in intervals.
Or if oral term of years in violation of statute of Frauds
Or if holdover tenant and landlord is still taking rent.
Notice: at least equal to length of period itself. If greater than a year, 6 months max.
Tenancy at will
No fixed duration
To T for as long as L and T desire
Notice: none
Unless statute
Implied periodic tenancy notice
Common law Majority
Based on the way rent is reserved
Ex: annual rental $24,000, rent to be payed monthly.
=rent is reserved yearly
So 6 months notice if a year lease
Otherwise amount of time equal to lease is week to week, then one week.
How to tell if an assignment or lease. Majority v minority
Majority - fixed legal test
Assignment - T transfers all interest to T1
SPLIT ON RIGHT TO RE-ENTRY, if still assignment.
Minority - intention of the parties test
Look for words but they’re not always conclusive because people don’t always know what words mean.
Assignment under minority view
Intention of parties
If T transfers for lump sum payable up front seems to indicate that T has transferred all of their remaining interest in the lease
Sublease under minority view
Intention of parties
If T asks for increase in rent, seems like sublease (even if T transfers remaining of lease)
Because T is acting like a landlord.
Surety
If you can’t collect from principle, can collect from person in their place.
Novation
Can be where landlord agrees to put T1 in place of T under lease
Destroys privity of contract between landlord and tenant because T1 is now in T’s place
Privity of estate remedies for LL to T1
T1 becomes principle
T becomes surety (secondary liable)
Subrogation
Allows one party to collect damages
T gets sued from L, then T can collect from T1
Case that says self help is never permitted
Berg v Wiley
Self help under common law
Is allowed if it’s peaceful means of re-entry but even now the majority goes with judicial process, unlawful detainer
Rule against holdover tenants and case
Hannan v Dusch
American rule held that no implied covenant exists say landlord has to deliver possession
English rule - Landlord does (people should put this in contract)
Duty to mitigate (residential lease)
Sommer v Kridel
Where it turned duty to mitigate to majority rule
