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Law EXTRA > REAL PROP - LANDLORD TENANT > Flashcards

REAL PROP - LANDLORD TENANT Flashcards

1
Q

What is a leasehold?

A

estate in land

tenant has present possessory interest

landlord had future interest (reversion)

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2
Q

what is a tenancy for years and how is it created?

A
  • = a tenancy for a fixed period of time
  • created by written lease (unless for a time period of less than one year - SoF)
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3
Q

how is tenancy for years terminated?

A
  1. Automatically terminates at termination date
  2. Tenant the victim of family abuse, sex abuse, sex assault
    • can terminate any residential lease with 30 days notice
      • **** a VA RULE
  3. Breach of Covenant
    • landlord reserves right of entry
    • allows landlord to terminate lease if tenant breaches a lease covenant
  4. Failure to pay rent
    • allows landlord to terminate lease
    • even if landlord did not expressly reserve a right of entry
  5. Surrender
    • tenant surrenders tenancy and landlord accepts
    • requires same formalities as creation of the leasehold
    • if unexpired term more than 1 yr must be in writing
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4
Q

what is a periodic tenancy?

A

continues for successive periods (e.g. month to month) until terminated by proper notice by either party.

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5
Q

how is periodic tenancy created?

A
  1. express agreement
    • L leases to T from month to month
  2. implication
    • L leases to T at rent of $1000 payable monthly
  3. operation of law
    • T remains in possession after lease expires and L treats it as periodic tenancy
    • OR lease invalid but T takes possessio

*

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6
Q

how is periodic tenancy terminated?

A
  • auto renewed until propert notice of termination given
  • notice must be a full period in advance
  • and timed to terminate at end of a period
  • but for yr to yr lease
    • 6 mo notice reqd at common law
    • 3 mo notice in VA
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7
Q

what is a tenancy at will

A

a tenancy terminable at will of either L or T

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8
Q

how is tenancy at will created?

A
  • by express agreement that lease can be terminated at any time
    • absent such agreement + periodic rent payments
      • = periodic tenancy
  • if lease gives only L right to terminate
    • similar right implied in favor or T
  • if lease gives only T right to terminate
    • similar right NOT implied in favor of L
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9
Q

how is tenancy at will terminated?

A
  • most states = notice within reasonable time required
  • some states = no notice required
  • termination by operation of law
    • if waste committed
    • death of a party
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10
Q

when does tenancy at sufferance arise and how is it terminated?

A
  • CREATION:
    • tenant wrongfully remains in possesion after expiration of lawful tenancy
  • TERMINATION:
    • when L terminates T
      • no notice of termination required
    • or L decides to treat T as a periodic tenant
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11
Q

what is the hold-over doctrine in a tenancy at sufferance?

A
  • If tenant continues in possession after lawful tenancy ends, L can:
    • (i) evict T, or
    • (ii) bind T to a new periodic tenancy
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12
Q

what are the terms of the tenancy under the hold-over doctrine?

A
  • generally terms and conditions of expired tenancy govern new one
    • Commercial tenants held to a new year-to-year tenancy if original lease term 1 year or more
    • held to periodic term based on rent payments if original term for less than one year
  • ​Residential tenants held to new month-to-month tenancy regardless of original term
  • if L notifies T before lease expires that rent after termination increased
    • T who holds over held to acquiesce to new terms (even if T objects)
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13
Q

what are the excetions to the hold-over doctrine?

A
  • L cant bind T to a new lease where:
  • (i) tenant remains in possession for only few hours after termination
  • (ii) tenant leaves a few articles of personal property,
  • (iii) delay not tenant’s fault (e.g., severe illness), or
  • (iv) it is a seasonal lease
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14
Q

when is a party excused from performance under a lease?

A
  • T excused under:
    • implied warranty of habitability
    • actual and constructive eviction
    • L’s breach of material part of the lease
  • L excused under:
    • T’s breach of material part of the lease
    • nonpayment of rent
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15
Q

what are tenants duties under a least?

A
  1. duty to repair (implied + any convenants to repair)
  2. duty not to commit waste
  3. duty not to use premises or illegal purposes
  4. duty to pay rent
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16
Q

T cannot commit waste on leased premises, what are the waste rules governing leases?

A
  • T cant commit:
    • voluntary waste
      • T intentionally or negligently damages premises
      • or exploits minerals on property
    • permissive waste
      • T fails to make ordinary repairs (excluding wear and tear)
        • if T shifts duty to make ordinary repairs to L - has duty to report deficiencies promptly
    • ameliorative waste
      • T cant alter leased property, thereby incr. value
        • T liable for cost of restoration
        • EXCEPTION:
          • T can make change if he long term T and change reflects changes in neighborhood
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17
Q

what happens if leased premises destroyed w/out fault of L or T?

A
  • neither party has duty to restore (unless lease indicates otherwise)
  • T has duty to continue paying rent
    • must most states give T option to terminate lease
    • even if lease has covenant to repair
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18
Q

what happens if residental T covenants to repair?

A
  • L still obligated to repair
    • due to unwaivable warranty of habitability
    • doesnt apply to damages caused by T
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19
Q

what happens if nonresidential T covenants to repair?

A
  • covenant enforceable
  • L can be awarded damages for breach based on state of premise when lease terminates
  • T though usually not liable to rebuild after structural damage or casualty destruction
    • unless covenant expressly indicates so
  • if no reference to wear and tear in covenant to repair
    • treated as including wear and tear
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20
Q

what are Ls remedies if T uses premises for illegal purpose?

A
  • may terminate lease; or
  • sue for injunction and damages
    • occasional unlawful conduct doesnt breach Ts duty
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21
Q

if lease terminate for failure to pay rent, how much does T owe for the term (e.g. if lease terminated in the middle of the month)

A
  • amt proportional to the amount of the term he remained on the property
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22
Q

what are the rules with respect to lease rent deposits?

A
  • L cant keep deposit beyond damages suffered
  • rent deposit called “bonus” = security deposit
  • T can sue L for statutory and punitive dams for impropery refusal to return deposit (no matter what lease says)
  • in VA - cant require security deposit of more than 2mo rent
  • landlord has 45 days after termination of tenancy and delivery of possession
    • to return deposit, less deductions, plus interest
23
Q

what is Ls remedy if T stays on premises and fails to pay rent?

A
  • L can evict T under unlawful detainer statute
    • unlawful detainer proceeding
      • = only to determine if T has right to possession
      • T cant raise counterclaims
        • IN VA - unlawful detainer action must be brought within 3 years of unlawful detainer
  • OR L can sue T for rent
  • some states let L assert lien on personal property found on premises
24
Q

what are Ls remedys/obligations if T abandons property?

A
  • majority view: L must mitigate dams by seeking to relet
    • if L relets or reposseses, T’s liability depends on whether L accepts Ts surrender
      • if NO - T liable for diff btwn promised rent and FMV of property/rent from reletting
      • if YES - T not liable for rent after abandonment
        • Ls resumption of property for herself = presumed acceptance of surrender
        • attempt to relet alone - not assumption of acceptance
25
Q

what are L’s duties under a lease?

A
  • duty to deliver possession of premises
  • quiet enjoyment
    • no actual, partial, construction eviction
  • implied warranty of habitability
  • no retalitory eviction
  • no discrimination
26
Q

when is L in breach of duty to deliver possession of premises?

A
  • if L has not evicted hold-over tenant by beginning of lease term
27
Q

what is the implied covenant of quiet enjoyment in a lease?

A
  • landlord nor paramount title holder (e.g. prior mortgagee who forecloses) will interfere with tenant’s quiet enjoyment and possession of premises
  • can be breached by:
    • actual conviction
    • partial conviction
    • constructive conviction
28
Q

what is actual conviction in a leasehold?

A
  • when landlord, paramount title holder, or hold-over tenant excludes tenant from ENTIRE leased premises.
  • terminates thetenant’s obligation to pay rent.
29
Q

what is partial eviction?

A
  • T physically excluded from ONLY PART of leased premises
  • Partial eviction by LANDLORD
    • relieves T of obligation to pay rent for ENTIRE premises
      • even tho T remains in possession
  • Partial eviction by 3rd PERSON with paramount title
    • T liable for reasonable rental value of portion T continues to possess
30
Q

what is constructive eviction?

A
  • Ls breach of duty renders premises unsuitable for occupancy
  • T must show:
    • L breached duty to T
    • breach substantially and materially deprived T of use and enjoyment of premises
      • e.g. flooding, loss of heat in winter, no elevator in warehouse
  • T gave L notice and reasonable time to repair; and
  • after reasonable time, T VACATED PREMISES
  • if all above shown - T can terminate lease and seek dams - if not all above shown - cant terminate and cant withold rent
31
Q

what is implied warranty of habitability

A
  • L must uphold local housing codes
  • warranty tied to RESIDENTIAL leases
  • UNWAIVABLE
32
Q

what are Ts remedies if L breaches warranty of habitability

A
  1. Can terminate lease
  2. make repairs and offset cost against future rent
  3. abate rent to amount equal to FMV in view of defects; or
  4. remain in possession, pay full rent, sue for damages
33
Q

what is rule for retalitory eviction?

A
  • L cant terminate lease or penalize T for T reporting housing or building code violations
  • retaliation presumed if L acts within 90-180 days after Ts reporting
    • L must show nonretaliatory reason to overcome presumption
34
Q

what are landlord rules against discrimination?

A
  • civil right act
    • bars racial and ethnic discrim
  • fair housing act
    • bars discrim against fams with children (except in senior housing), ethnicity, religion, national origin, gender, disability
  • doesnt apply to owner occupied apartments with less than 5 units
  • doesnt apply to religious organziation private clubs
35
Q

what are Ls duties to disabled tenants under fair housing act/

A
  • must permit them to make resonable modifications to existing premises to accomodate disabil at Ts expense
  • must afford disabled person equal opportunity to use dwelling
36
Q

what are tenant transfers called?

A
  • assignment
    • transfer of entire remaining term
  • sublease
    • transfer of only part of remaining term
      • other than right to reenter upon breach
37
Q

what are consequences of assignment?

A
  • assignee and L in privity of estate
    • each liable to other on all covenants in lease that run with land
  • covenants run with land
    • if parties intend
    • and covenants touch and convern the land
      • benefits L, burdens T, or vice versa
  • rent covenants
    • run with land
    • assignee owes rent directly to L
    • if assignment terminated - assignee has no liability to L
  • original T remains in privity of K with L
    • remains liable on K obligation to pay rent (and all other covenants that run with land)
38
Q

consequences of sublease?

A
  • sublesses not personally liable to L for rent or any covenants in lease
    • unless sublessee expressly assumes the covenants
  • T is only one personally liable to L
  • cannot enforce any covenants in lease against L
    • but may be able to enforce implied warranty of habitability if it is residenatial lease
39
Q
  • what is sublessee fails to pay rent?
A
  • if sublessee fails to pay rent
  • and L doesnt receive rent from original T
    • L can terminate lease
    • sublease auto terminates with main lease
40
Q

what is the effect of a covenant against assignment or sublease

A
  • strictly construed
    • such covenants strictly construed against L
    • covenant prohib sublease doesnt prohib assignment, vice versa
  • waiver
    • covenants against assignment waived if L aware of assignemnt and doesnt object (e.g. byknowlingly accepts rent from assignee)
      • this also waives future transfers
      • unless L expressly reserves the covenant
  • a transfer in violation of covenant
    • not void
    • but L can terminate lease or sue for dams
41
Q

what is effect of assignment by landlord?

A
  • Ts consent not required
  • all lease covenants that touch and concern land run with land to new owner
    • new owner liable on all such covenants
    • L also remains liable on all such covenants
      • T can sue L or new owner to enforce
42
Q

what is effect of condemnation of leasehold?

A
  • if entire leasehold taken by eminent domain
    • Ts liability for rent extinguished
    • lessee entitled to compenstation
  • if taking temporary or partial
    • T not discharged from rent payment
    • but entitled to compenstation (share of the condemnation proceeds)
43
Q

what are Ls issues under tort law?

A
  • concealed dangerous conditions
  • duty to maintain common areas
  • public use duty
  • furnished-short term residence duties
  • negligent repairs
  • L contracts to repair
44
Q

what is Ls duty with respect to a concealed dangerous condition?

A
  • If, at time lease entered, L knows or should know of dangerous condition that T could not discover by reasonable inspection
    • L must disclose (not repair) it
  • if not L liable for injuries resulting from condition
  • If T accepts premises after disclosure
    • T assumes risk for herself and others
45
Q

what are special VA tort law duties of L in a leasehold with respect to mold?

A
  • L must make written disclosure of whether theres any visible evidence of mold in dwelling
    • if written disclosure says theres no evidence of mold
    • this is deemed correct unless T objects within 5 days
    • if T objects in allotted time- L has 5 days to remediate
    • f remediation would harm Ts
      • L may keep Ts out of house for 30 days to do remediation
      • must provide comparable place for T
  • no need to disclose past cases of mold to Ts if its been remediated
46
Q

what is Ls standard of duty in maintaining common areas?

A
  • reasonable care
  • ex of common areas:
    • stairwell
    • halls
    • elevators
47
Q

when is L liable for injuries to members of public?

A
  • if at time of lease, L:
    • Knows (or should know) of a dangerous condition on premises
    • L has reason to believe T may admit public before repairing condition; and
    • L fails to repair it
48
Q

what is L duty when he rents a fully furnished premises for a short period (eg. the summer)?

A
  • liable for injuries resulting from any defect
  • whether or not L knew of defect
49
Q
  • what are Ls duties with respect to negligent repairs?
A
  • even if L has no duty to make repairs
    • if L attempts repair:
      • L liable for any injuries resulting from repairs:
        • done negligently
        • or giving deceptive appearance of safety
50
Q

what is Ls tort duties with respect to covenants to repair?

A
  • if L covenants to repair
    • L liable for injuries resulting from failure to repair
    • or negligent repair
51
Q
  • what is modern trend with respect to L duties toward residential Ts?
A
  • L has duty of reasonable care toward residential Ts
  • liable for injuries resulting from Ls ordinary negligence
    • if L had notice of defect
    • and opportunity to repair it
52
Q

what is Ls duties with respect to defects arising after tenant takes possession?

A

under modern trend - can be liable of L knew or should have known of them

53
Q

what are Ls duties with respect to injuries to tenants inflicted by 3rd party criminals?

A
  • L can be held liable of L failed to comply with housing codes dealing ith security
  • or failed to maintain ordinary security measures
  • or advertised extraordinary security measures
    • e.g. surveillance cameras

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