Tenancies Flashcards
Joint Tenancy
- Alienable: when both sell becomes TIC
- Not devisable: can’t will then goes to A to B
- Not descendible: heirs don’t get b/c other party does
A joint tenancy with right of survivorship (JTROS) is created when two or more parties take title in joint tenancy by satisfying the “four unities” (Time, Title, Interest and Possession).
Time – at the same time the parties have to acquire property
Title – on the deed, both of their names have to be on it at the same time
Interest – both have to have equal interest
Possession – both parties get to possess it- don’t have to be there at same time but have access to it
Any later violation of these can change the interest into what is called a Tenancy in Common (TIC).
Severance of Joint Tenancy
Joint tenancies can be severed by legal partition or by one party conveying their interest in the property. When a joint tenancy is severed, the property becomes held as tenants -in- common and survivorship is extinguished.
Tenancy in Common
Tenants in common have equal right to both possession and use of the whole property. They are owners of land and have separate but undivided interests in the property. Considered to have an undivided share of the whole. Each individual’s (TIC) interest is alienable, devisable and descendible. (A,D,D). There is no right of survivorship.
Ex: O to A and B Creates a TIC between A & B. TIC can be between more than two people, and can be between corporations and people.
TIC are ended through partition or merger
Partition (TIC)
a legal separating of the parties’ interest. Can be by sale or in kind.
Merger (TIC)
occurs when one party gains all of the other parties’ interest and the property becomes a fee simple.
Ouster
occurs when an occupying co-tenant restricts access of another co-tenant(s). If this ouster is complete, the ousting co-tenant still owes rents and profits to other TIC. A co-tenant is possession isn’t liable to a co-tenant not in possession for rent unless there has been an ouster.
FYI The ousting co-tenant must also account to the ousted co-tenant. *One note on repairs, upgrades. If one co-tenant wants to add an improvement that is not required, that co tenant bears the cost. (ameliorative waste)
Tenancy by the Entirety
A joint tenancy for married couples. This have the four unities + marriage. (TTIP + M). Effectively the same as a JT. Cannot be severed by conveyance by one party alone. At divorce, coverts to TIC.
Tenancy for Years (Term of Years / Estate for Years)
A terms of years is a leasehold that runs for a fixed period of time, not necessarily by years.
Periodic Tenancy
A periodic tenancy is a lease for a period of fixed duration that continues for succeeding periods until either party gives notice to terminate or the lease terminates of its own terms.
Tenancy at Will
A tenancy at will is a tenancy of no fixed period that endures as long as both parties desire.
Tenancy at Sufferance
Holdover Tenants
A tenant who was in rightful possession, but remained beyond the termination of the lease is a holdover tenant, and this tenancy is called a Tenancy at Sufferance.
Self-help
Self-help in the property sense occurs when a landlord uses an extra-judicial (non-legal) process to remove a holdover or defaulting tenant. Self-help is not allowed.
Default
Need to find
Fair Housing Act (both federal and California)
Does not allow discrimination in housing based on sex, race, ethnicity, religion, familial status or national origin.
The [Cal.] Fair Housing Act prohibits housing and housing-related discrimination because of race, color, national origin, religion, sex (including gender identity and sexual orientation). Familial status, and disability
Sublease
A sublease occurs when an existing tenant (lessee) turns over possession of a rented property without the sublessee being added to the lease agreement. Subleases do not transfer the lessee’s entire interest.
