Leaseholds (landlord/tenant) Flashcards
Tenancy for Years
For fixed period of time
Termination of Tenancy for Years
Automatic at end date
No notice needed
Periodic Tenancy
Continuous for successive intervals
(month to month)
Created expressly or via implication
When is a periodic tenancy created by implication?
When
•no mention of duration
•oral term that violates Statute of Frauds
•hold over tenant
Termination of Periodic Tenancy
At least equal length of period (common law)
Month to month = 1 month
Week to week = 1 week
Year to Year = 1 month (Restatement)
Tenancy at Will
No fixed duration
Termination of tenancy at will
Terminator at will of either party
Tenancy at Sufferance
When T holds over past lease expiration and L proceeds to accept rent
Termination of Tenancy at Sufferance
L moves to evict or holds T to new tenancy
What are T’s duties
Make ordinary repairs
Not comment waste
Pay rent
L’s options if T doesn’t pay rent and remains on the premises
Evict
Continue relationship & sue for rent
NO SELF HELP
L’s options if T doesn’t pay rent and no longer in possession of premises
SIR
Surrender- end lease
Ignore - do nothing but hold T liable $
Relet - new lease, hold T liable for $
L’s duties
• place T in actual physical possession
•Implied covenant of quiet enjoyment
•Implied warranty of habitability (residential only)
Implied Covenant of Quiet Enjoyment
T has the right to quiet enjoyment w/o use or interference of L (wrongful or constructive eviction)
Wrongful eviction by L
W/o cause, takes whole or part of premises
Constructive eviction by L
L renders premises unsuitable for occupancy
Must show “SING”
SI- substantial interference
N-notice (T must notify L)
G-get out (T must vacate)
Implied Warranty of Habitability
Premises must be fit for basic human habitation
Residential only
T’s options if implied warranty of habitability breached
M3R
M-move
R-repair and deduct
R-reduce or withdraw rent
R- remain and seek damages
Fair Housing Act
Bar discrimination based on color,race, sex, religion, family status, disability, national origin
Exceptions to Fair Housing Act
• Owner occupied building with 4 or fewer units
•single family homes and owner has no more than 3
Assignment
T’s transfer of entire interest
Assignee T in privity with L (steps in shoes)- liable for covenants w/land
OG T in privity with K (but not estate) with L-liable for lease obligations
Sublease
T transfers only part of interest
T2 has not privity w/ L ( estate or k)
T & T2 responsible to each other
Relationship between L and T remains in tact
Caveat Lease (tenants beware)
L has no duty in tort to make premises safe
Exceptions to Caveat Lease
CLAPS
C-common areas
L-latent defects (L must warn)
A- assumption of repairs (negligently)
P- public use
S- short term lease of furnished dwelling
