NON FREE HOLD ESTATES Flashcards
Estate for years
- specified time (definite begin and end date)
- No notice required for termination
> 1 yr = WRITING
one year or < = CAN BE ORAL
Periodic Tenancy
Rolls on until ONE gives proper notice
-express, implied, operation of law
Periodic (operation of law types) (2)
- ORAL LEASE that violates S of F and landlord accepts check
- HOLDOVER TENANT
Periodic (termination) (2 notice req)
- TIME (equal to length of tenancy, exc: year to year, 6 month)
- DATE (end of the period)
Tenancy at Will
termination by notice) (2
- ANY TIME by either
2. NOTICE and REASONABLE time to vacate
Tenancy at Will (operation of law) (termination)(5)
- death
- waste by tenant
- assignment by tenant
- transfer of title by landlord
- lease by landlord to 3rd p
Tenancy at Sufferance (holdover tenant- landlord 2 options)
- sue in trespass, recover damages
- treat as new periodic
-residential:
less than a year = RENT PAY PERIOD
year or more, month-to-month
-commercial: year or more, year-to-year
Tenant Duties (3)
- pay rent
- maintain premises (ordinary wear n tear)
- not to commit waste
Covenant to Repair (tenant)
CL: not resp for ord wear n tear
MODERN MAJ: once covenant, liable for ALL
(unless express agree to exclude resp)
-if destroyed w out fault, NO REBUILD (unless express inclusion)
Landlord Remedies (T fail to pay)
CL: sue for damages (only amount due and payable)
MOD MAJ: sue and terminate
Landlord remedies (T abandons)(2)
- RETAKE n TERM
- RELET
CL: no duty to mitigate
MOD MAJ: MUST make “reas effort”
Landlord Duties (3)
- Actual posession
- Imp W of Habit
- Imp Cov of QE
Habitability
premises fit for basic human habitation
MAJ: imp w of fitness or habit for RESIDENTIAL ONLY
Habitability (T remedies)(3)
- move out and end
- stay and sue
- repair and deduct
Cov of QE
implied promise not to interfere with Ts quiet enjoyment of prop (residential, commercial or otherwise)
Cov QE (breach) (3)
- total
- Partial
- constructive
Partial eviction QE (2)
- physically excludes from a portion of prop
2. 3rd p, with paramount title, pays excludes from portion
Constructive eviction QE (4)
fails to provide some service landlord obligated to provide that makes UNINHABITABLE (either in lease i.e HEAT, or statute i.e hot/cold water)
- L failure to provide service (no 3rd p)
- substantial interference
- T must give L notice and reas time to repair
- T must abandon within reas time
Non assignment clause
may not assign or sublet without express permission- VOIDABLE
permission ONCE—WAIVED altogether unless stated otherwise
Ex. you can assign this one time only
Partial Condemnation
DOES NOT release tenant from obligation to pay FULL RENT
condemnation award = to the rent to be paid over the remainder of the lease term for that portion
Complete Condemnation
extinguishes lease and excuses T
Tort Liability of L (no duty except 5 exceptions)
- LATENT defects (T does not know and reas p would not–L MUST DISCLOSE but not duty to repair)
- SHORT TERM lease (3 mo or less)
- COMMON areas (reasonable care)
- NEG REPAIRS by L
- PUBLIC use exception
Public use exception (3)
- L know or should know MAJOR defects
- L know or should know T WONT FIX
- L know or should know PUBLIC will be using premises
Tort Liability of T
T ALWAYS lible to 3rd p invitee for failure to correct dangerous cond regardless of if L may be liable also
