Leases And Subleases Flashcards

1
Q

Term of Years

A

Lease for a certain amount of time set by calendar then returns to the landlord (via reversion)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

A term of years can be measured

A

By any amount of calendar time, from 1 day to 1,000 years, so long as it has a set beginning and ending

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

In a term of years, notice is

A

Not necessary because the end point is known

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Effect of death on a term of years

A

It has no effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Periodic lease

A

Lease for reoccurring term that continues for succeeding periods until notice of termination. Without notice, there is no termination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A periodic lease recurs on a

A

Month to month or year to year basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How to determine the term for a periodic lease

A

Majority: yearly the rent is reserved
Minority: rent is paid monthly
Where lease is silent, presumed to be yearly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

For a periodic lease, notice is

A

Required. If move out without notice, landlord has remedy against tenant for unpaid rent or to enforce lease another year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

For a periodic lease, the notice must be given

A

As the lease specifies, unless unreasonable. If lease is silent, the common law says 6 months for a 1 year lease. Month requires 1 month. Modern statutes typically allow notice to be within 30 days for yearly lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Effect of death on periodic lease

A

No effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Tenancy at will

A

Tenancy of indefinite duration. No resolving period, endures as long as desired. Lease may be silent on who may terminate, in which case both have the ability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Rule from the Garner case (concerns tenancy at will)

A

Courts do not favor tenancy at will, and will try to avoid them where possible. As such, where the lease allows tenant the right to terminate and not landlord, it creates a determinable life estate in T.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Death effect on tenancy at will

A

Ends it, unless there is a determinable life estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

2 options for dealing with a holdover tenant

A
  1. Evict and recover damages
  2. Create new tenancy, express or implied by acts (cashing check for rent)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Leases for over a year must

A

Be in writing. As a general pointer, all leases should be in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The Fair Housing Act …

A

Prohibits discrimination against potential tenants on the basis of a protected class

17
Q

Protected classes under the Fair Housing Act

A

Race
Religion
Sex
Color
Handicap
Familial status
National origin

18
Q

In addition to preventing discrimination in purchasing, the fair housing act also

A

Prohibits discrimination in terms, conditions, or dwellings

19
Q

Exceptions to the fair housing act

A

Religious organizations
Single family homes if < 3 homes are owned
Rooms occupied by not more than 4 families living independently if owner also resides

20
Q

The exemptions to the Fair Housing Act do not apply

A

To paper discrimination (advertisements)

21
Q

Hostile Housing Environment Defined

A

1) endured unwelcome harassment based on protected characteristic
2) severe or pervasive such that interferes with terms of residency or use of facilities
3) basis for imputing liability (control of common spaces)

22
Q

Delivery of Possession: 2 views

A

English Rule (majority): must provide physical possession on year 1
American rule (minority): merely provide legal right

23
Q

3 different types of rights to convey lease

A

1) Freely assignable, no express limiting provision
2) consent of L required
3) consent needed, and may not be unreasonably withheld

24
Q

Sub-lease vs. assignment

A

A sub-lease gives a possessory right for a length less than that of the remaining term, while an assignment conveys it for the remainder of the term

25
Significance of difference between sub-lease and assignment
A sublease does not establish any private between landlord and T1, meaning only T is liable, whereas a assignment establishes privity of estate between L and T1
26
Privity of contract
Legal relationship based upon sale and purchase. Exists between L and T, always, unless novation
27
Privity of estate
Legal relationship based upon a mutual successive relationship
28
Novation
L waives right to sue based upon privity of contract
29
Covenants that run with the land
1) pay money 2) physical aspects 3) duration 4) services and utilities
30
3rd Party Beneficiary rule
Alternative theory of liability that gives privity of contract between landlord and distant tenants. Tenant must expressly agree to assume obligation to perform lease
31
Requirements for third party beneficiary
1) tenant must expressly assume obligation to perform lease 2) state has rule
32
True or False: a landlord may use self-help to evict a tenant who defaults
False. The landlord must resort to judicial process to remove a tenant who defaults
33
Abandonment occurs when . . . In this case, a landlord must
Tenant vacates without justification and without intent to return Mitigate their damages
34
Surrender defined
Tenant offers to end tenancy, which terminates if landlord accepts and frees tenant from obligation for future rents
35
True or False: A landlord does not have to accept a tenant’s surrender
True. As the parties have an enforceable contract, tenant cannot unilaterally end it.