LL/T law Flashcards
tenancy for years
lease for a known fixed period of time (can be less than a year
term automatic (on end date)
no notice needed to erminate
writing typically needed if > 1 year
periodic tenancy
Continues for successive intervals until properly terminated
creation can be express or by implication (no mention of duration but rent at set intervals)
* oral term of years violate SoF
termination
* notice must be given
* at CL: at least equal to length of period
* but if year-to-year, 6 months at CL or 1 month under restatement (modern)
holdover tenant after lease ends
LL can either treat the tenant as a trespasser and sue for damages and possession or impose a new periodic tenancy on the hold-over tenant
* if elects to hold over a tenant who has wrongfully stayed on past the conclusion of the original lease, an implied periodic tenancy arises measured by the way rent is now tendered
* While the rent (as well as other terms) of the new tenancy will generally be the same as the old tenancy, there is an exception when the landlord has told the tenant of a future higher rent and that notification came before the expiration of the old lease –> LL can tehn impose higher rent in new periodic tenancy
tenancy at will
terminable at will of either party
no fixed duration
must be created via express agreement
terminates after one party displays intention that the tenancy should come to an end
tenancy at sufferance
tenant wrongfully hodls over after temination
terminates when LL evicts T or elect to hold T to another term
T’s duty to repair
must make routine repairs attributable to ordinary wear & tear
T must not commit waste
* voluntary
* permissive (failed to take reasonable steps to protect the premises from damage from the elements)
* ameliorative (Occurs when T makes changes unilaterally without the LL’s consent; Actionable even when the T’s change increases value)
-but exception: if long term T, T can make reasonable changes that reflect changes to the neighborhood overall
duty to repair with express covenant
* If a residential tenant covenants to repair, the landlord usually remains obligated to repair (except for damages caused by the tenant) under the nonwaivable “implied warranty of habitability”
T’s duty to pay rent
if T breaches and* remains on premises*: LL can evict, continue relationship and sue for rent, no self help
if T breaches and is out of posession: SIT
* surrender: end lease
* ignore: do nothing but hold T liable for rent (not avialable in mino of states)
* relet: new lease and hold T liable for deficiency (maj rule includes mitigation principle)
LL’s duty to deliver posession
Duty to place T in actual, physical possession
If at start of the lease, holdover T is still in premises LL has breached and new T gets damages
Implied Covenant of Quiet Enjoyement
applies for residential and commercial
T has right to quiet use & enjoyment without interference from LL
* LL must conrol common areas and has a duty to abate a nuisance on site BUT LL is not liable for wrongful acts of other Ts (unless statute says otherwise)
breached by wrongful evictions and constructive eviction
wrongful eviction
actual: LL wronfully evicts T without cause, OR excludes T from entire leased premises
partial: T physically excluded from only part of the leased premises by the LL relieves T of obligation to pay rent for the entire premises
* e.g. damage to one room
* But if partially evicted by a p**aramount title holder ** –> apportionment of rent; i.e., relieves the tenant of the obligation to pay rent NOT for the entire premises, but only for the portion of the premises from which he was evicted
Constructive Eviction
if the LL’s act or failure to provide a service he has a legal duty to provide renders the property uninhabitable/unsuitable for occupancy, the T may terminate the lease and seek damages
T can claim constructive eviction only if: SING
* substantial interference: LL’s actions or failures cause (BUT NOT an injury caused by a neighbor or stranger) the breach which substantially and materially deprives the T of her use and enjoyment of the premises
* Notice: T must notify the LL and gives reasonable time to repair, and then
* Get Out: T must vacate within a reasonable time
implied warranty of habitability
residential only
Premises must be fit for basic human habitation
* nonwaiveable: pp (meant to encourage the enforcement of the housing code)
standards: case law and housing code determined
examples:
* no heat in winter
* no working plumbing
* no running water
options for T if LL breaches IWoH
MRRR
Move (out and terminate the lease)
Repair (& deduct)
Reduce (or withhold rent to an amount equal to the fair rental value in view of the defects in the property)
Remain (pay full rent and seek damages for harms ocassioned bc of the breach)
FHA
protects tenants and potential tenants from discrimination based on race, color, religion, national origin, sex, or disability, as well as familial status (except in senior housing)
exemptions:
* owner occupied buildings w/ 4 or fewer units
* single-family homes if owner has no more than 3
assignment by T
transfer of entire remaining term of lease
Assignee and landlord are in privity of estate
* LL and assignee liable to each other for all of the covenants that run with land
Original T in privity of K (but not estate) w/ LL
* T1 secondarily liable for original lease obligations including rent e.g. if assignee stops paying rent or abandons the property –> T1 is the backup and is liable for the rent
assignment by LL
If LL assigns the rents and reversion interest he owns, assignee is liable to the tenants for performance of all covenants made by the original landlord in the lease, provided that those covenants run with the land
assignee and T are in privity of estate
original LL and T remain in **privity of K **
* original LL liable for all covenants in lease and remains liable
sublease by T
T has retained some part of the remaining term other than a right to reenter upon breach
* transfers less than entire interest to T2
T2 is not in privity of estate or contract with LL
* sublessee is not personally liable on any covenants in the original lease and cannot enforce the LL’s covenants
* except: may be able to enforce the implied warranty of habitability
original T remains in privity of estate with LL
* remains liable for all other covenants in the lease and can enforce the LL’s covenants
T1 and T2 responsible to each other
* e.g. if T2 fails to pay rent, L proceeds against T1 and T1 in turn proceeds against T2.
* e.g. if premises betray IWoH, T2 proceeds against T1 and T1 proceeds against LL
Dumpor’s Case
If a landlord consents to one transfer that violates a covenant against assignment or sublease, he waives his right to avoid future transfers.
* The landlord may reserve the right to avoid future transfers, but such reservation must take place at the time of granting consent.
If a tenant transfers her interest in violation of a covenant against assignment or sublease, the transfer is NOT void.
* but LL can usually termiante the lease or sue for damages
covenant prohibiting assignment does not prohibit subleasing and vice versa
LL tort liability
caveat lessee: let the tenant beware
LL under no duty to make premises safe
exceptions: CLAPS
* common areas
* latent defects: LL must warn of hidden defects of which T could not discover by reasonable inspection that LL knows about/should have had reason to know about (just warn, not repair)
* assumption of repairs: liable if negligent once they do repair
* public use rule: A LL who leases public space (for example, a convention hall or a museum), and who should know, because of the significant nature of the defect and the short length of the lease, that a tenant will not repair, is liable for any defects on the premises that cause injury to members of the public
* Short-term lease of furnished dwelling: LL liable for latent defects even if they neither knew nor should have known of the defect if the lease is for a short term and the property is furnished
fixtures
a chattel that has been so affixed to land that it has ceased being personal property and has become part of the realty.
must stay put for residential proeprty
* more damage you are going to cause, less likely you can remove it
exception: trade fixtures doctrine
* for commercial property
* Equipment installed for the purpose of trade by a tenant, even if it would otherwise constitute a fixture, is generally removable if it is not an integral part of the premises and the tenant pays for any damages caused by the removal
* unless structural additions to property aka decks, i-beams, balconies
