real property Flashcards
Landlord:
Owner of land who grants a leasehold interest to another
Tenant
possessor of leasehold interest.
Tenant’s obligations
Pay a specified rent at a specified time.
Destruction of the premises, under the common law
does not relieve tenant’s obligation to pay rent and does not terminate the lease.
Abandonment
If the tenant abandons the property and the landlord reenters or relets it, the tenant’s obligation to pay rent terminates.
Quiet enjoyment
Tenant’s right to physical possession of the premises free of interference by the landlord
Violation of duty/duties owed to tenant
can be constructive eviction
Implied warranty of habitability
Warranty that the leased premises are fit for ordinary residential purposes.
•Regardless of what the lease says, this is a minimal level- the place is fit for a human being to occupy it. •Minimal standard.
Landlord’s liability for injury caused by third parties
Some states hold landlords liable for injuries their tenants and others suffer as a result of the foreseeable criminal conduct of third parties.
Liable for failure
“ to take minimal precautions to protect members of the public from the reasonably foreseeable criminal acts of third persons.”
Leasehold estate?
- The possessory term thus granted is an estate in land
How is the landlord-tenant relationship seen by the courts, as a conveyance of use of land or as a contract?
- Seen as a contract use to be seen as real estate but not anymore
What is eviction?
- If the tenant breaches one of the covenants of her lease, the landlord may terminate the lease and evict her from the premises.
When does the tenants obligation to pay rent end?
When the landlord takes over and your stuff is not there anymore.
What are the landlord’s obligations?
Quiet enjoyment
fitness for use
repair
