Types of Tenancies Flashcards
1
Q
What are the 4 types of tenancies?
A
- Tenancy for years
- Periodic tenancy
- Tenancy at will
- Tenancy at sufferance
2
Q
Tenancy for years - characteristics
A
- Any fixed period of time
- Automatically terminated at end of term
- May be terminated before the end of the term (if there is a breach of lease covenant)
- Created by express agreement
- If term longer than 1 year, SOF applies
3
Q
What does SOF require for a year+ lease?
A
- Written
- Signed by the parties to be charged
Identifies
- Parties
- Premise
- Lease duration
- Rent to be paid
4
Q
Periodic tendency - characteristics
A
Repetitive, I hung estate by set periods of time w/no predetermined termination date
Terms may be fixers by parties OR their actions
Automatically renews at end of each period UNLESS valid termination notice
5
Q
Does SOF apply to periodic tenancy?
A
SOF does not apply UNLESS initial term exceeds one year
6
Q
How can you create a periodic tenancy.
A
By
- Express agreement
- Implication (no mention of duration)
- Or operation of law (holdover tenant)
7
Q
What counts as termination notice for periodic tenancy?
A
- Must be given before last period begins
- Late notice is effective for the next period
- Generally effective as of last day of the period
- CL - oral notice sufficient, MODERN - require some writing
8
Q
Tenancy at will - characteristics
A
- Does not have a specific term
- Created by express agreement or by implication
- May be terminated be either party or operation of law
- Notice, CL - I notice require d JT L must give T reasonable time to vacate; MODERN - most states now require notice
9
Q
Tenancy at sufferance
A
Holdover tenancy
- T wrongfully remains in possession after the expiration of a lease
- T is bound by terms of the lease that existed before expiration, including payment of rent
- Tenancy lasts until T vacates, L evicts T, or L elects to hold T to periodic tenancy
