Legal Terms Chapter 37 - Landlord and Tenant Flashcards
Assignment
Lessee conveys the interest in the demised premises to another person for the balance of the term of the lease.
Constructive eviction
Dispossession caused by the landlord doing some act that deprives the tenant of the beneficial enjoyment of the demised premises.
Demise
To lease.
Deed-poll
A deed or lease in which only the party making the instrument executes it.
Eviction
The act of depriving a person of the possession of real property either by reentry or by legal process; may not use force.
Holdover
To hold over from a previous period.
Indenture
A deed or lease in which two or more persons are parties.
Lease
A contract granting the use of certain real property by its owner to another for a specified period in return for the payment of rent.
Leasehold estate
The interest that is conveyed by a lease.
Lessee
A person who has the temporary possession of and an interest in real property of another under a lease; also called tenant.
Lessor
A person who owns real property and who rents it to another under a lease; also called landlord.
License
A grant or a permission to do a particular thing.
Licensee
A person who has permission to do certain acts that would otherwise be a trespass.
Periodic tenancy
An estate in real property that continues for successive periods until one of the parties terminate by giving notice to the other party; also called tenancy from year to year.
Quiet enjoyment
The right of a tenant to possess the rented property and to be undisturbed in that possession.
Retaliatory eviction
The eviction of a tenant for reporting sanitary or building code violations to the authorities; illegal in most states.
Sublease
A lease given by a lessee to a third person conveying the same interest for a shorter term than the period for which the lessee holds it, but not for the remainder; also called sublet or underlease.
Tenancy at will
An estate in real property for an indefinite period.
Tenancy for years
An estate in real property for a definite, or a fixed, period no matter how long or how short, as long as it is ascertained.
Tenant at sufferance
A tenant who wrongfully remains in possession of the premises after a tenancy has expired; also called holdover tenant.
Warranty of habitability
An implied warranty exists by the landlord that the premises are fit for human habitation.
