Leasehold Estates Flashcards
What are the different leasehold estates? (FAT PAT)
For years, At Will, Periodic, and At Sufferance.
What is a term of years?
A lease for a fixed period. Anything greater than a year must satisfy SOF.
TENANTS DUTIES - Abandonment of premises by tenant: If tenant wrongfully vacates with time on lease and without paying rent, LL may … (“SIR”)
(1) SURRENDER - treat tenant’s abandonment as an implicit offer of SURRENDER and accept;
(2) IGNORE the abandonment and hold tenant responsible for unpaid rent; OR
(3) RE-LET the premises on T’s behalf and hold T liable for deficiency.
What are a tenant’s duties? (Talking Never Really PAYs)
(1) NOT use premises for illegal purposes
(2) REPAIR
(2) PAY rent
When does a tenancy at sufferance terminate?
when LL evicts or hold T to new term (accepts rent)
Warranty of Habitability - T must give ntc to L and T may … (MR3)
- MOVE out and terminate lease (const eviction)
- REPAIR and deduct cost from rent (requires ntc and bids)
- REDUCE or withhold rent until court determines FRV in light of defects
- REMAIN in possession, pay rent, and sue for damages.
Periodic Leasehold - created by implication when the lease …
does not mention duration but provision is made for payment of rent at set intervals.
TENANTS DUTIES - Repair - If lease is silent, T must….
(1) maintain premises and make ordinary repairs AND (2) not commit WASTE.
Assignment - privity of contract - T2 and LL are …
NOT IN PRIVITY of contract unless T2 expressly assumes.
Assign/Sub - What are the 2 kinds of privity?
Estate and Contract.
TENANTS DUTIES - Constructive eviction occurs when premises are in such disrepair and virtually uninhabitable. Treated as eviction if tenant SINGs
(1) SUBSTANTIAL INTERFERENCE due to LL’s actions or omissions; and
(2) NOTICE was given to landlord w/ no meaningful response.
(3) T must vacate (GOODBYE) within a reasonable time after landlord fails to correct the problem.
Sublease - privity - sublease does not…
create privity of estate or contract (T2 liable to T1 and vice versa).
TENANTS DUTIES - PAY rent
Tenants have the duty to pay rent.
LL DUTY - Implied Warranty of Habitability
Premises must be fit for human habitation.
Assignment occurs when …
tenant transfers entire remaining lease.
What is an assignment/sublease?
transfer of a leasehold interest in whole (assignment) or in part (sublease).
Assign/Sub - What is privity of K?
relationship existing to both parties of the K.
What is a periodic leasehold?
A lease that continues for successive intervals until LL or T gives notice. (NO END DATE)
What is a leasehold at sufferance?
Tenant wrongfully holds over expiration of lease.
What is an at will leasehold?
Lease for NO fixed period. Created by express agreement or implication.
Retaliatory eviction - LL is barred from penalizing T when …
T lawfully reports L for housing code violations.
Periodic Leasehold - Created expressly when lease states…
“from year to year, month to month, week to week”
LL DUTY - implied covenant of quiet enjoyment - T has right to …
quiet use and enjoyment w/o interference from LL or others.
TENANTS DUTIES - PAY rent: If T has breached while in possession, L may … (Eager Cute Surfers)
(1) EVICT the tenant; OR
(2) CONTINUE the relationship and SUE for rent.
Assignment - privity of estate - T2 and LL are each …
liable to the other for all lease covenants that run with the land.
TENANTS DUTIES - Repair - T must promptly….
report deficiencies to LL.
Sublease occurs when …
tenant transfers part of remaining lease.
Assign/Sub - what is privity of estate?
both LL & T have physical interest in the property.
Rule of Dumpor - once landlord consents to one transfer by tenant …
landlord waives right to object to future transfer unless they expressly reserve that right.
LL DUTY to deliver possession - LL must …
put T in legal and physical possession of the premises
How do you terminate a periodic leasehold?
Notice (in writing) at least equal to period’s length (up to 6 months), unless o/w agreed. Tenancy must end at conclusion of natural lease period.
What are a LL’s duties? (Like Prayer Quenches Worry)
L duties = Possession, Quiet Enjoyment, and Warranty of Habitability
