Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property Law > LL and Tenant > Flashcards

LL and Tenant Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Leasholds

What is a leasehold interest?

HIGH

A

A lease greants a tenant to present possessory interest in real property for a limited poeriod of time.

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

Types of Leaseholds

Tenancy for Years

HIGH

A

lasts for a fixed period of time; automatically teminated after the period ends

no notice required to terminate (typical lease)

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

Types of Leasholds

Periodic Tenancy

HIGH

A

lasts for an intital period, then automatically continues for additional equal periods (weekly/monthly) until terminated by proper notice

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

Types of Leasholds

Creation of Periodic Tenancy

HIGH

A

Created by
1) express agmt
2) implicaiton if rent is paid at speciifc periods or
3) law (when tenant for years remains after termination or lease is invalid)

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

Types of Leaseholds

Termination of Periodic Tenancy

HIGH

A

written notice at least a full period in advance (if yearly, 6 month notice)

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

Types of Leaseholds

Tenancy at Will

HIGH

A

continues until either party terminates it; usually created by express agmt

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

Types of Leaseholds

Termination of Tenancy at Will

HIGH

A

notice and reasonable time to quit the premises (in some states, no notice is required)

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

Types of Leaseholds

Tenant’s Duty to Pay Rent
What can LL do if tenant does not pay?

MEDIUM

A

runs with the land
-If tenant remains on land and does not pay rent, LL can
a) evict or
b) allow the tenant to remain of the property and sue for damages

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

Types of Leaseholds

What is tenant abandons the property?

MEDIUM

A

If tenant abandons and does not pay rent, LL may have to take reasonable steps to mitigate losses

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

Types of Leaseholds

Hold-over tenant
What may a LL do?

MEDIUM

A

If tenant holds-over the LL may
a) initiate eviction proceedings OR
b) hold the tenant over

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

Types of Leaseholds

What type of leasehold is created when a tenant holds over?

MEDIUM

A

Tenancy at Sufferance
Modern view: implied month to month tenancy is created
Common Law: term is equal to original tenancy period
(if tenant informed of higher rent before lease ends, the higher rent applies)

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

:Leasholds

LL Duties

MEDIUM

A

1) actual possession of property on Day 1
2) basic repairs
3) warranty of habitability
4) implied covenant of quiet enjoyment

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

LL Duties

Warranty of Habitability

MEDIUM

A

LL must provide a place to live that is habitable –>reasonably suited for human needs

implied in all residential leases, some courts impose in commercial

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

LL Duites

Breach of Warranty of Habitability

MEDIUM

A

If breached, tenant may:
1) move out and terminate
2) withhold or reduce rent
3) repair and deduct OR
4) remain and sue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

LL Duties

Implied Covenant of Quiet Enjoyment

Constructive eviction

HIGH

A

Every lease includes this
-prevents a LL from interfering with the tenant’s quiet enjoyment and possession of the property

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

LL Duties

When is Implied Covenant of Quiet Enjoyment Breached?

HIGH

A

When a tenant is constructively evicted

17
Q

LL/Tenant

When does constuctive eviction occur?

HIGH

A

1) LL breached a duty to tenant;
2) breach caused a loss of the subtantial use and enjoyment
3) Tenant gave notive of condition
4) LL failed to remedy within reasonable time AND
5) tenant vacated the premises

18
Q

LL Tenant

What can tenant do if constructively evicted?

HIGH

A

Tenant may terminate the lease, seek damages, and may avoid rent for time constructively evicted

19
Q

LL Tenant

Assignment

HIGH

A

when tenant transfers ALL or remaining lease to 3rd party

20
Q

LL Tenant

Liability for Rent/Breach after Assignment

HIGH

A

A-ee: liable to LL for rent and all other covenants that run with the land (privity of estate)
A-or: also remains liable for rent (privity of contract)
LL: maintenance obligation runs with land (privity of estate)

21
Q

LL Tenant

Sublease

MEDIUM

A

tenant transfers some of their remaining interest

22
Q

LL Tenant

Liability for Rent/Breach after sublease

MEDIUM

A

S-ee: not liable to LL for rent of other covenants (no privity of estate)
S-or: remains liable to LL for rent

23
Q

LL Tenant

Surrender of Lease

HIGH

A

an agreement to end a lease early
-LL must clearly accept surrender
-an attempt to end lease early DOES NOT constitute surrender UNLESS LL clearly accepts

Property Law (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions