Leasehold Estates Flashcards
Tenancy for Years —
a tenancy for a fixed period of time and which terminates automatically upon the end of the period.
Must a tenancy for years be written?
Yes if it is for more* than a year. Most of them are written regardless of how long they are for.
Periodic Tenancy —
a tenancy which continues for successive periods of time until terminated by property notice by either party.
Must a periodic tenancy by written?
No, but they can. They can also be implied or arise by operation of law.
Tenancy at Will —
a tenancy terminable at the will of either party. These are created by express agreement.
How are tenancies at will terminated?
By property notice given by either party within a reasonable time of the termination.
Tenancy at Sufferance —
a tenancy which arises when a tenant wrongfully stays in possession of the property after the expiration of a lawful tenancy.
How is a tenancy at sufferance terminated?
When the landlord takes steps to evict the tenant. No notice is required.
Under the holdover doctrine, if a tenant continues in possession after his right to possession has ended, the landlord may . . .
1) evict him; or 2) bind him to a new periodic tenancy. This is generally for a month-to-month tenancy for residential tenants and a new year-long tenancy for commercial tenants.
Lease —
a contract that governs the LL-tenant relationship.
When there is a holdover tenant, and the landlord holds them to a new tenancy, the terms of the new lease are the same as the old. However, when might the LL be able to charge more rent in the new lease?
Where the LL notified the T before the expiration of his prior tenancy that, if the T were to renew his lease, that his rent would be increased.
Where a lease is on a piece of property, and title to the property is held by someone in life estate, when can the lease no longer continue?
when the measuring life of the life estate ends.
