Property Flashcards
Leasehold in general
Tenant has possessory interest and LL had reversion as a future interest
tenancy for years (LL/T)
runs for a specified amount of time; LL reserves right of entry
periodic tenancy
continues on successive periods; month-to-month, etc.; automatically renewed; requires notice of termination: month-to-month=15 days, year-to-year =60 days; created by express agreement, implication, or operation of law. In FL, nonresidential periodic tenancy is considered tenancy-at-will.
tenancy at will
terminated by LL or T at any time, or by operation of law (death, transfer); in FL, specific notice of termination time limits apply; created by express agreement or period payments; if termination expressly granted to LL, termination right implied to T, but not vice versa
tenancy at sufferance
T wrongfully remains in possession after the expiration of a lawful tenancy, until LL evicts or elects to hold T to another term; notice of termination NOT required.
holdover doctrine
if T continues on possession after lease expiration, the Ll may evict the T in county court (no forcible entry) or bind the T to a new periodic tenancy (commercial= year-to-year if original term was over 1 year or month-to-month if less than 1 year; residential: month-to-month). Fl does NOT permit LL to bind nonresidential T to a new periodic tenancy, instead a tenancy at sufferance is created. Fl allows for the collection of DOUBLE RENT when T holds over. Holdover does not apply to: only a few hours, T not at fault, or seasonal lease
Leases and the law
K governs LL/T relationship; covenants therein are independent-> seek damages, but still must perform
T’s duty to repair
“waste doctrine”: T may not damage property. 3 types of waste: 1-voluntary: affirmative-negligent or intentional damage; 2-permissive-T fails to take steps to protect against elements/repair (FL has no duty to repair except plumbing); 3-ameliorative: alterations where T liable for restoration except for long term Ts who alter for neighborhood continuity
T’s liability for covenants to repair
residential: LL obligated for all repairs not caused by T; in FL, LL’s obligation to repair may be altered or modified only in a single family dwelling or duplex; nonresidential: LL may be awarded damages for difference in property condition from commencement to expiration of lease
T’s duty to pay rent
if T stops paying rent, the LL CANNOT result to self-help. LL may remove T only by means of an action for possession filed in county court. LL may terminate 3 days after written demand of overdue rent.
T’s duty to pay rent: eviction
Eviction under FL’s “Unlawful Detainer” statute-only issue is T’s lawful possession; T may not raise counter claims
T’s duty to pay rent: Ejectment
the legal remedy that LLs can sometimes use to remove a person from wrongfully occupying the property
LL Duties and T’s Remedies in general
generally LL had no duty to repair or maintain, unless modified by agreement
LL’s duty to deliver possession
duty to deliver actual possession at the beginning of the term; LL is in breach if he has not evicted a holdover T by the beginning of the new T’s term; will be liable to damages to increase in rent for T in the interim loss
LL’s duty of quiet enjoyment
LL may not interfere with T’s quiet enjoyment/possession except through: 1-actual eviction: occurs when LL excludes the T from the entire premises; terminates T’s obligation to pay rent. 2-partial eviction: LL physically excludes T from part; T not excused from paying entire rent unless excluded by 3rd party. 3-constructive-LL does something to make property uninhabitable; in FL, the T may terminate the agreement if the premises are destroyed or damages “so that the enjoyment of the premises is substantially impaired.” T must move out in reasonable time or waive
implied warranty of habitability: residential lease
LL has duty to reasonably inspect the premises for habitability and to maintain the premises. LL must 1-comply w/ building, housing, and health codes; 2-where there are no codes, must maintain roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair. Must maintain plumbing in reasonably working condition; in multi-unit dwellings, LL must maintain pest control, lock and keys, clean safe condition of common area, garbage removal, hot and running water. T has NO DUTY to make repairs except plumbing. LL’s obligations to repair may be altered in a single family dwelling or duplex.
implied warranty of habitability: residential lease: LL fails
1-LL doesn’t repair, T must give written notice specifying noncompliance; 1-LL has 7 days to comply or T may: a-move out and terminate the lease (constructive eviction), b-reduce or abate rent to fair market value in light of defects. No retaliatory eviction by LL permitted.
assignments and subleases in general
T may transfer leasehold interest unless prohibited in agreement
to assign a lease
complete transfer of all remaining interests
sublease of lease
T retains any remaining interest in addition to right to reenter upon breach
fixtures
chattel attached to the property so that it is no longer personal property; common v. divided ownership
easements
non-possessory interest creates right to use or restrict use of land possessed by another (perpetual duration unless limited by grant)
affirmative easement
allows the holder to enter onto the servient tenement and make affirmative use of it
negative easement
prevents the owner of servient tenement from engaging in specified activity on the servient tenement (i.e. light, air, support, flow). Distinguish from a restrictive covenant-private agreement that restricts the use or occupancy of real property (promise to do or not to do something on the land).
easement appurtenant
there must be 2 tracts of land; the “dominant tenement” is the estate benefited by the easement and the “servient tenement” is the estate subject to the the easement right. Runs w/ holder’s land. If servient sells to a bona fide purchaser w/ no notice, it ends. Must be to use and enjoyment of dominant land.
easement in gross
the holder acquires the right to use the servient tenement independent of his possession of another tract of land (i.e. the easement benefits the holder rather than another parcel. Only runs if it’s for commercial or economic purpose, not personal purpose
creations of easements
SOF applies unless less than 1 year; by express grant or reservation; implication; or prescription.
easement by implication
2 types: easement implied from existing use or easement by necessity
easement implied from existing use (easement by estoppel or quasi easement)-implied if:
1-prior division of a single tract; 2-an apparent and continuous use exists on the servient estate; 3-use is reasonably necessary for the enjoyment of the dominant estate; 4-the court determines that the parties intended the use to continue after the division of land
easement by necessity
FL recognizes the common law rule where an owner of land sells part of the land, easement is reasonably necessary for the beneficial use and enjoyment of the part granted or reserved. An implied grant only arises where UNITY OF TITLE exists from a common source. Expires when necessity ends.
courts look to what for the scope of the easement?
the intent
easement by prescription
the holder has used the easement for the statutory 20 years the use was open and notorious, adverse, and continuous; doesn’t have to be exclusive, the public at large can acquire; can’t be negative
express grant
in writing and signed by the holder of the servient tenement. Must comply with all formal requirements of a deed unless the duration is brief enough to be outside of SOF.
express reservation
arises when grantor conveys title to land but reserves the right to continue to use the tract for a special purpose; can only reserve for grantor, not 3rd party
how to terminate easements
stated conditions, merger, release (same formalities as created), abandonment (physical manifestation), estoppel, prescription, necessity, condemnation and involuntary destruction.
