Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property > Tenancy > Flashcards

Tenancy Flashcards

1
Q

What is Tenancy for years (Term of years)?

A

A tenancy that is for any fixed or computable period of the time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What kind of agreement is tenancy for years?

A

Express

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When does tenancy for years terminate?

A

Automatically when the lease is over

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a periodic tenancy?

A

Continues for successive periods until terminated –Month to month

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When does periodic tenancy terminate?

A

Automatically renewed unless terminated- notice not required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is Tenancy at will?

A

No designated period of duration other than the will of both parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When does tenancy at will terminate?

A

At will of either party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is tenancy at suffrage?

A

Tenant originally in a rightful possession under valid lease holds over after his lease expires

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the american rule?

A

Tenant has to worry about tenant has to worry about taking care of the tenant at suffrage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is English rule (Majority)?

A

Landlord is responsible for tenant at sufferage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Can the new tenant terminate the lease if the landlord removes the tenant at suffrage within a reasonable amount of time?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

If there is a wrongdoer that is acting independently of the landlord does the tenant have an action?

A

Not unless the landlord is negligent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What happened in Smith V McEnany?

A

The landlord put up a wall on the leased property that encroached on the property that. The tenant claimed breach of the covenant of quiet enjoyment and they stopped paying rent. The court ruled that the landlords physical intrusion did interfere with the tenants use an enjoyment of that part of the property and they should not have to pay rent on the part that was taken from them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is constructive eviction?

A

When a landlord interferes with the property, they are not physical exclusions, but they nevertheless substantially interfere with the tenant’s enjoyment of the premises causing the tenant to vacate – It’s so bad that you had to leave

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the elements of constructive eviction?

A
  1. Landlords conduct has interfered with tenants possession
  2. Interference was substantial
  3. Tenant has give notice to landlord of condition or landlord already knows
  4. Tenant abandons premises
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a partial actual eviction?

A

When the landlord deprives the tenant of physical possession of some part of the leased property, including denial or access to leased premises.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What happened in the Echo consulting case?

A

The bank did a series of renovations and Echo claimed that they breached the lease because there was dust and noise and they were no longer allowed to use the front entrance, but could use the back. Echo claimed constructive eviction. The court ruled that the lease never stated which entrance they could use, they still had one and the construction noise and interference was not permanent and thus not considered a reason for constructive eviction or partial constructive eviction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the criteria that have to be met before someone can claim constructive eviction?

A
  • Render the premises unfit for occupancy

* Permanently interfere with the tenants beneficial use of enjoyment of the premises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what is the breach of covenant of quiet enjoyment?

A

A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What happened in the rest realty case?

A

They leased the bottom floor of the office building and it kept flooding after it rained. The current property manager would help remove the water and would try to fix the situation. He tried to fix the driveway as a remedy, but then he passed away and the flooding got worse. The new landlord ignored their complaints and claimed that they had been aware of the flooding when they signed the new lease. The court claimed that they may have known, but they had signed under the assumption that the problem would be fixed or at least tended to when it did flood. This is considered a BCQE and the doctrine of constructive eviction is a remedy of the tenant

21
Q

What is caveat emptor?

A

A principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made (Tenant beware)

22
Q

What needs to happen for constructive eviction to be allowed?

A

Tenant needs to vacate the property

23
Q

What is the 2 policy rationale behind constructive eviction?

A
  1. The tenant should not be expected to know building codes and defects of the property so they should not be the ones to fix it.
  2. They want to avoid giving Landlords unfair bargaining power
24
Q

What is a better title?

A

Someone who holds the mortgage- mortgage company

25
Q

What happened in the Slumlord case?

A

Landlord and tenant had a verbal agreement to lease the apartment. The tenant was told if she removed the past persons stuff from the apartment then she would get a break on rent. She was also told that if she fixed different things around the apartment he would pay her back. The landlord did nothing, There was sewage backups and plaster falling from the ceiling. The tenant claimed warranty of habitability the court ruled that

26
Q

What is warranty of habitability?

A

When the value of the leasehold is substantially reduced because of a state of despair of the property

27
Q

Is vacating the property mandatory with warranty of habitability?

A

No

28
Q

What is the doctrine of caveat lessee?

A

Tenant took possession of the demised premises irrespective of the state of disrepair. The policy reason behind this was that it used to be farmers who were renting places and hey could fix the damage, now it is unfair to have people take care of their stuff

29
Q

What happens to your claim of constructive eviction if you stay on the property?

A

You can lose it

30
Q

What does a tenant need to show to prove implied warranty of habitability?

A
  1. The landlord had notice of the previously unknown defect and failed, within a reasonable amount of time, to repair it
  2. The defect, affecting habitability, existed during the time for which rent was withheld
    Once the landlord fixes the breach the tenant has to start paying again
31
Q

What happens if the tenant fixes the breach because landlord takes too long?

A

The tenant can deduct expense

32
Q

When are punitive damages available?

A
  • Where a breach is of willful and wanton or fraudulent nature
  • Conduct manifesting personal ill will, or carried out under circumstances of insult or oppression, or even by conduct manifesting reckless or wanton disregard of ones rights.
33
Q

What is the policy rationale behind this?

A

Punish conduct which is morally culpable and to deter a wrongdoer from repetitions of similar acts. This comes from the middle ages where people would get suck and they didn’t want to spread infectious diseases

34
Q

What are the differences between BCQE and IWOH?

A

BCQE is residential and you have to abandon the premises —- IWOH is only residential property and you do not need to abandon the premises and cannot waive the conditions to say you know its bad and not sue the landlord.

35
Q

What are remedies for either?

A

Withhold rent, repair and deduct from rent or punitive damages for a slumlord

36
Q

What happened in Ernest and Conditt (go cart case)?

A

Rodgers leased from Ernest a commercial property to have a go cart track. They leased it under terms that they could assign or sublet to someone if they got approval from the lessee. Conditt leased for the remainder of the term, but then stopped paying after 3 months. In the lease it claimed Rogers would be liable- Court ruled that if its an assignment then Rodgers is not liable- if it’s a sublease Rodgers is.

37
Q

Policy in Earnest Conditt case?

A

What would stop the subleeser from of paying if original leaser was liable?

38
Q

What is an assignment?

A

When the original leaser assigns the remainder of his lease to someone else. This only applies when it is the entire remainder of the lease, the new tenant is in communication with the landlord – the old tenant does not come back into the lease- the person assigned has privity with the owner

39
Q

What is a sublease?

A

When someone subleases they can do it for short periods or the whole period. The Original leaser still has interest in the property. Subletor does not have privity with the landowner

40
Q

What are the constructive eviction elements?

A
  1. L’s conduct has interfered with tenant’s possession
  2. Interference is substantial
  3. T has given notice to L of condition (of L knows already)
  4. T Abandons premises
41
Q

What is the distinction between constructive eviction and warranty of habitability?

A

Cant waive implied warranty of habitability

42
Q

Berg V Wiley (restaurant case)

A

Wiley leased a building to Berg who assigned it to his sister who ran a restaurant. It was in bad shape and needed to be worked on. Berg didn’t pass heath inspection.

  • Wiley wrote her a letter telling her she had two weeks to fix it
  • 2 weeks went by and she did not fix it on the last day of the two weeks she put up a remodeling sign and Wiley saw her changing things on the interior that were part of the structure and she was not supposed to be touching
  • He changed the locks on her and re-let the property to someone else
43
Q

What is the common law for a landlord taking back his property?

A
  1. The landlord is legally entitled to possession, such as where a tenant holds over after the lease term of where the tenant breaches a lease containing a re-entry clause
  2. Landlords means of re-entry are peaceful
    a. Going behind the persons back and locking them out is not peaceful
44
Q

What is the only lawful means to dispossess a tenant who has not abandoned nor voluntarily surrendered but who claims possession adversely to a landlords breach of a written lease is by?

A

Resorting to the judicial process

45
Q

Why don’t courts want self-help eviction?

A

Because it creates no public record so there is no reporting to the credit bureau which will be damaging to the tenants next time

46
Q

Does the self-help rule apply for not-for-profit housing?

A

Not if the court doesn’t recognize it as landlord tenant relationship

47
Q

Rationale behind the courts not wanting self-help evictions?

A

Self- help evictions promote violence

48
Q

Sommer v Kridel (Broken engagement):

A

Man rented an apartment before he was supposed to get married. He didn’t have to pay the first 6 weeks. He made the first payment and then the engagement was called off. He couldn’t pay because the families were going to help. The landlord had a possible tenant to take over, but he didn’t rent to them.
- Judge found that justice and fair dealing imposed upon the landlord the duty to attempt to re-let the remises and thereby mitigate damages

49
Q

What is the policy behind Sommer v Kridel?

A

There is no reason in equity or justice to perpetuate such an unrealistic and uneconomic rule of law which encourages an owner to let valuable rented space lie fallow because he is assured of full recovery from a defaulting tenant

Property (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions