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Property Law > LL and Tenant > Flashcards

LL and Tenant Flashcards

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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.

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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)

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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

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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)

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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)

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6
Q

Types of Leaseholds

Tenancy at Will

HIGH

A

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

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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)

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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

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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

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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

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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)

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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

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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

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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

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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

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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)

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