Property Day 2 Flashcards
four leasehold/nonfreehold estates
tenancy for years
periodic tenancy
tenancy at will
tenancy at sufferance
what notice is needed to terminate a tenancy for years?
none, because the tenancy is fixed
L leases Blackacre to T “from January 1, 2011 to July 1, 2011.” Which form of tenancy and why?
Term of years, because the lease is for a fixed period
L leases Blackacre to T “from January 1, 2011 to July 1, 2011.” How much notice is needed to terminate the tenancy?
None.
states from the outset when it ends
A periodic tenancy continues for:
SUCCESSIVE intervals until the landlord or tenant gives proper notice to terminate
How may a periodic tenancy be created? (2)
Expressly (month-to-month/year-to-year)
By implication
In what three ways may a periodic tenancy arise by implication?
Land leased without mention of duration, but set intervals of rent payment
Oral term of years (in violation of SoF), measured by the way rent is tendered
Holdover (L lets T stay and continue paying rent after lease ends)
How is the periodic tenancy of a holdover lease measured?
By the way rent is tendered
How is a periodic tenancy terminated?
usually, written notice must be given
At common law, how much notice is required to terminate a periodic tenancy?
At least equal to the period itself, unless otherwise agreed. UNLESS if the tenancy is year-to-year or greater,in which case six months’ notice is required.
L leased Blackacre to T on January 1, 2010, for a periodic tenancy of month-to-month. On May 15, 2010, T sends write notice of termination. T is bound until:
June 30! Leasehold must conclude at the end of the lease period.
What is the fixed duration for a tenancy at will?
There is none.
What leasehold?
“To T for as long as L or T desires.”
tenancy at will
Unless parties expressly agree to a tenancy at will, payment of regular rent will cause a court to treat it as:
an implied periodic tenancy
Who may terminate a tenancy at will, and when?
Either party at any time.
Reasonable demand to vacate is usually needed.
When is a tenancy at sufferance created?
When T has wrongfully help over past the expiration of the lease.
In a tenancy at sufferance, why is the wrongdoer given a leasehold estate?
To permit L to recover rent.
How long does a tenancy at sufferance last?
Until L evicts or elects to hold T to a new tenancy.
What are a tenant’s duties?
Liability to third parties
Duty to repair
Duty to pay rent
L leases a building to T, expressly promising to maintain the premises in a state of good repair. T’s invitee trips over a loose floorboard and sues T. If invitee sues T, what result?
T loses.
Doesn’t matter that T may seek indemnification from L. Vis-a-vis the plaintiff, who is a guest, T loses.
If L promised to make repairs who is liable for injuries sustained by third parties invited by T?
T
What is the standard of T’s duty to repair?
Routine repairs NOT including ordinary wear and tear (clogged toilet, but not aging bathtub discoloration).
Three species of waste
voluntary (overt destruction)
permissive (neglect)
ameliorative (changes that enhance value)
What waste is committed when a tenant removes a fixture?
Voluntary waste
