Real Property Flashcards
What happens if a lease of more than 1 year is created orally?
When a tenant enters into an oral lease that violates the SoF and the LL accepts rent from the tenant, a periodic tenancy ensues if the T has been in possession and paying rent for a substantial period. The measuring period will be set at the interval that the rent was paid in.
What does termination of a periodic tenancy require?
A proper termination for a periodic tenancy requires proper notice. A proper termination notice provides notice for a period at least equal to the payment period specified in the lease agreement.
Can a tenant assign or sublet a lease if the lease is absent about assignments/subleases and the LL later disapproves?
In the absence of a contrary provision in a lease, a tenant’s interest, like other property interests, is freely assignable. The assignee of a month-to-month tenant takes a month-to-month tenancy.
What kinds of relationships form when a tenant assigns his lease?
When a tenant assigns his interest in a lease, privity of estate arises between the assignee and the landlord. Privity of contract continues to exist between the LL and the T. The tenant is still contractually bound to pay rent, and thus serves as a surety for unpaid rent should the assignee fail to pay.
