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Property > Leasehold Interests Landlord/Tenant > Flashcards

Leasehold Interests Landlord/Tenant Flashcards

1
Q

Term of Years Estate

A

Tenancy for Years, estate for years.

  1. Lease for a fixed period of time
  2. No notice is needed to terminate
  3. Term of years greater than 1 year must be in writing to be enforceable
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2
Q

Periodic Tenancy

A
  1. Continues for successive intervals until L or T give proper notice to terminate
  2. Notice must be given , should equal to length of the period unless otherwise agreed.

EXCEPTION: Year to year, 6 months notice

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3
Q

Tenancy at Will

A
  1. Tenancy for no fixed duration.
  2. Endures as long as L or T desires.
  3. Needs reasonable notice to terminate.
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4
Q

Tenancy at Sufferance

A

Arises when T has wrongfully held over past the expectancy of the lease

  1. Permits L to still collect rent
  2. Always short-lived, lasts until L evicts T
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5
Q

Tenant’s Duties

A
  1. Duty to Repair (Doctrine of Waste)

2. Duty to Pay Rent

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6
Q

Fixtures

A

Doctrine of waste runs with fixtures.

A once moveable thing by being attached to Blackacre, will improve Blackacre.

  1. Pass with ownership of the land
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7
Q

Options for Aggrieved Landlords

A

1) Evict properly
2. Continue L/T relationship and sue for rent due

L CANNOT ENGAGE IN SELF HELP (removing locks, tenant’s or tenant’s property)

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8
Q

Options for Aggrieved Landlords

A
  1. Evict properly
  2. Continue L/T relationship and sue for rent due

L CANNOT ENGAGE IN SELF HELP (removing locks, tenant’s or tenant’s property)

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9
Q

Landlord’s Remedies for Tenant’s Abandonment

A
  1. Surrender - T’s abandonment as an offer of surrender
  2. Ignore it and hold T responsible for rent (Minority)
  3. Relet the premises. TRY to mitigate with good faith. (Majority)
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10
Q

Landlord’s Remedies for Tenant’s Abandonment

A
  1. Surrender - T’s abandonment as an offer of surrender
  2. Ignore it and hold T responsible for rent (Minority)
  3. Relet the premises. TRY to mitigate with good faith. (Majority)
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11
Q

Landlord’s Duties

A
  1. Duty to Deliver Possession

2. Implied covenant of quiet enjoyment - w/o intereferance from L

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12
Q

Landlord’s Duties

A
  1. Duty to Deliver Possession

2. Implied covenant of quiet enjoyment - w/o interference from L

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13
Q

Landlord’s Duties

A
  1. Duty to Deliver Possession

2. Implied covenant of quiet enjoyment - w/o interference from L

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14
Q

Implied Covenant of Quiet Enjoyment

A

Enjoyment of premises w/o interference from L

Breached:

  1. wrongful eviction
  2. Constructive Eviction
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15
Q

Implied Covenant of Quiet Enjoyment

A

Enjoyment of premises w/o interference from L

Breached:

  1. wrongful eviction
  2. Constructive Eviction
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16
Q

Constructive Eviction Elements

A
  1. Substantial interference due to L’s actions or neglect, recurring problem
  2. Notice. T must give notice of the problem and L must fail to act meaningfully
  3. T must vacate within a reasonable time after L fails to fix the problem.

CANNOT BE CONSTRUCTIVELY EVICTED AND IN POSSESSION OF THE PLACE

17
Q

Constructive Eviction Elements

A
  1. Substantial interference due to L’s actions or neglect, recurring problem
  2. Notice. T must give notice of the problem and L must fail to act meaningfully
  3. T must vacate within a reasonable time after L fails to fix the problem.

CANNOT BE CONSTRUCTIVELY EVICTED AND IN POSSESSION OF THE PLACE

18
Q

Implied Warranty of Habitability

A
  1. Applies only to residential leases
  2. Non-waivable
  3. Must be fit for basic human habitation
  4. Appropriate standard can be supplied by local housing code or court standards in jurisdiction
19
Q

What can T do if Implied Warranty of Habitability is breached?

A
  1. Move Out
  2. Repair and deduct
  3. Reduce the rent or withhold the rent until court determines fair rental value, T would put money into an escrow account
  4. Remain in possession, pay rent and sue for money damages
20
Q

Retaliatory Eviction

A

Landlord is barred from penalizing a good faith whistleblower tenant

21
Q

What does a tenant get in a leasehold?

A
  1. Possessory rights, right to exclude
  2. Right to services from L
  3. L has reversion
22
Q

Lease

A

Both a conveyance and a Contract

23
Q

Assignment

A

Transfer of the whole remaining lease. More strict. Does not go revert.

24
Q

Sublease

A

Partial transfer of lease, responsibilities revert back to lesee. Subletter

25
Q

Novation

A

tenant can be released from privity of contract if landlord expressly “releases” you.

26
Q

Minority Rule (Kendall)

A

when commercial lease provides an assignment w/o prior consent of lesser, consent can only be withheld when lessor has a commercially reasonable objection

27
Q

Majority Rule (Kendall)

A

lessor may arbitrarily refuse to approve assigned lessee

28
Q

Distraint

A

L’s remedy. Allows L to seize property and hold it until rent is paid.

29
Q

Illegal lease

A

no rent because of unsafe housing conditions is a violation of the housing code

Property (11 decks)

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