2009 Mbe Property -- Landlord/tenant

Front 1

Define: Tenancy for Years

Back 1

(aka Estate for Years or Term of Years)

Lease for a FIXED period of time. Termination date is known from the start.
NO NOTICE of termination is required.

Front 2

Define: Periodic Tenancy

Back 2

Lease which continues for SUCCESSIVE INTERVALS until either party gives proper notice to terminate.

Front 3

Rule: Periodic Tenancy by Implication

Back 3

1: lease with no mention of duration, but payment at set intervals

2: oral term of years in violation of statute of frauds creates an implied periodic tenancy based on the interval rent is tendered.

3: Landlord elects to holdover tenant who stays past the end of the original lease.

Front 4

NYS Distinction: Holdover Tenants

Back 4

A landlord who elects to holdover a tenant creates an implied month-to-month lease untless otherwise agreed.

Front 5

Terminating a Periodic Tenancy

Back 5

Notice must be given, at least equal to the length of the period itself. Must end a the conclusion of a natural lease period.

If the tenancy is year-year or greater, only six months notice.

Notice period can be altered in the contract.

Front 6

Define: Tenancy at Will

Back 6

tenancy for no fixed duration

Unless specifically agreed, payment of regular rent will cause this to be an implied period tenancy.

Can be terminated at any time, although a reasonable demand to vacate is usually required.

Front 7

NYS Distinction: Terminating a Tenancy at Will

Back 7

Minimum 30 days written notice.

Front 8

Define: Tenancy at Sufferance

Back 8

wrongful holdover tenant.

Couched as a lease to allow the landlord to recover.

Terminates on eviction or when Landlord decides to hold the tenant to a new lease.

Front 9

NYS Distinction: Tenancy at Sufferance and Payment

Back 9

In NYS a landlords acceptance of payment from a holdover tenant creates an implied period tenancy, ending the tenancy at sufferance

Front 10

Rule: Tenant Liability

Back 10

Matter of Tort Law

Tenant is responsible for keeping the premises in reasonably good repair.

Liable for injuries sustained by 3rd parties Tenant INVITED, even where the landlord promised to make repairs.

Front 11

Rule: Tenant Maintenance

Back 11

Tenant must maintain the property and make ordinary repairs.

MUST not commit waste.

Front 12

Rule: Tenant's fixtures

Back 12

Tenant MUST NOT remove a fixture, even if the tenant installed it.

Tenant may remove chattels that he installed, so long as removal does not cause substantive harm to the premises.

Front 13

Rule: Tenant Liability for Loss to the Property

Back 13

Majority and NYS:
Tenant may terminate the lease when the premises are destroyed without the tenants fault.

Front 14

Rule: Landlord Options for Unpaid Rent

Back 14

1: evict
2: sue for rent due

NO SELF HELP--punsihed both civilly and criminally.

Front 15

NYS Distinction: Landlord Self-Help

Back 15

Punished by treble damages.

Front 16

Rule: Landlord Options if Tenant Leaves Early

Back 16

1: treat it as surrender of the property and accept the offer
2: ignore abandonment and hold tenant liable as though he were still there (MINORITY only)
3: re-let the premises on the wrongdoing tenant's behalf and hold liable for any deficiency (MAJORITY RULE)

Front 17

NYS Distinction: Landlord Options if Tenant Leaves Early

Back 17

NYS does NOT require mitigation.

Front 18

Rule: Putting Tenant in Possession

Back 18

Majority (english rule): Landlord breaches if another tenant is still in physical possession of the property

Minority ("American" rule): Landlord's only duty is to give LEGAL possession.

Front 19

Rule: Constructive Eviction

Back 19

Breach of the implied covenant of quiet enjoyment by the SUBSTANTIAL INTERFERENCE of landlord's actions or failure to act.

1: substantial interference
2: tenant must give notice and landlord must fail to act
3: tenant must vacate

Front 20

Define: Implied Warranty of Habitability

Back 20

Residential Leases ONLY

The premises must be fit for basic human dwelling.

Standard may be housing code or court conclusion.

Front 21

Rule: Option for Breach of Implied Warranty of Habitability

Back 21

1: move out and terminate
2: repair and deduct
3: reduce rent (typically place withheld rent in escrow)
4: remain in possession and seek damages.

Front 22

Distinguish: Assignment vs. Sublease

Back 22

Assignment: transfer of interest in whole.
Sublease: transfer of interest in part

Front 23

Rule: Prohibiting Subleases/Assignments

Back 23

Lease can prohibit subleases/assignments or require approval.

But once landlord gives permission once, no need to ask the next time, unless the landlord specifically retains the right.

Front 24

NYS Distinction: Assignments

Back 24

unless the lease provides otherwise, a residential Tenant may not assign without Landlord’s written consent.

Landlord CAN UNREASONABLY withhold consent to assign, and T’s sole remedy is to seek the release from the lease.

Front 25

NYS Distinction: Subleases

Back 25

in New York, a Tenant in a residential building having four or more units has the right to sublease subject to Landlord’s written consent.

Consent to sublease cannot be unreasonably withheld.

Unreasonably withheld consent is deemed consent.

Front 26

Rule: Landlord's Tort Liability

Back 26

No duty to make the premises safe.

EXCEPT:
1: common areas
2: landlord must warn of latent defects he knew or should have known about
3: landlord must complete voluntary repairs with reasonable care.
4: Landlord who leases a public space for short periods of time
5: short-term lease of furnished dwelling (e.g. hotel room)