Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
12 Cards in this Set
- Front
- Back
Elements of Lease
1 |
→ thing, rent, consent
|
|
Lease - Rent
2 |
→ must be certain/determinable through an agreed upon method or left to determination of 3dP
• If 3dP doesn’t fix or method agreed upon proves unworkable, there is no lease (ct will not fix) • Exception→ if rent’s been established, but is subject 2 redetermination by method agreed upon by parties or by 3dP, & method proves unworkable or 3dP fails 2 redetermine, ct may fix rent • Lease may be oral/written, but subject to public records doctrine. Anyone w/possession may grant lease |
|
Lease - Duration
3 |
→ A lease need not contain a precise term. Cant exceed 99 years (o/w will be reduced)
• Absent a Fixed Term: • Agricultural – year to year • Non-Agricultural IMM - month to month • Residential Lease of Mov- month to month • Non Residential Mov –day to day |
|
Lease - Tacit Reconduction
4 |
→ a lease w/a fixed term is tacitly reconducted if the lessee continues in possession & no steps are taken to terminate the lease for (1) 30 days in ag leases; (2) 1 week in non ag if lease was for a fixed term that was longer than a week OR (2) 1 day if lease was for a fixed term that was a week or shorter
• New Term is→ (1)year to year IF original Ag lease (2) mth to mth IF original term was longer than a mth & (3) day to day if original term was at least a day but shorter than a mth • All other terms of the lease remain the same |
|
Lease - Termination
5 |
→ fixed term – term upon expiration of that term indeterminate term – term by notice:
• 30 days notice – before end of period for a lease with a term longer than a month • 10 days – before end of month in month to month • 5 days – before end of period between 1 week and a month • shorter than a week – anytime prior to expiration of period |
|
Lease - Lessor’s Obls
6 |
→ deliver, maintain, protect peaceful possession, & responsible for vices & defects
|
|
Lease - Maintenance Obl
7 |
Lessor must make all necessary repairs to maintain thing in a condition suitable 4 purpose 4 which is was leased, except those Lessee is liable to make repairs (1) caused by how own fault or that of persons on the premises w/his consent & (2) to remedy deterioration exceeding the normal or agreed use
• Lessee must tolerate all repairs that can’t be postponed until the end of the lease, BUT if he suffers inconvenience/loss of use of the thing, he may be entitled to reduction/abatement of rent. • If Lessor refuses to make repairs – Lessee can make and demand reimbursement or deduct from rent |
|
Lease - Duty to Protect Peaceful Possession
8 |
Lessor Liable for disturbances by any person claiming a right in leased thing. Includes disturbances by persons (1) w/access to the thing w/lessor’s consent or (2) who occupy adjacent prop belonging to the lessor
• If the thing is totally destroyed/expropriated/lost without lessor fault, the lease is terminated |
|
Lessor’s Responsibility for Vices & Defects
9 |
→ liable for all defects & vices that prevent leased thing from being used for its intended purpose UNLESS vice/defect has arisen from lessee’s fault
• May be waived by clear & unambiguous language that’s brought to the attention of the lessee. • Lessor with full knowledge of Lessee’s activities can be responsible to 3dP– Yokum 2008 |
|
Lessee’s Obls
10 |
→ pay rent, use as a prudent administrator, & return the thing
• Pay Rent→ If doesn’t, lessor may dissolve the lease & regain possession (give 5days notice) • If lessee abandons the premises, lessor may retake possession & relet them as a mandatary for the lessee. Original lessee remains liable to lessor for any reduced amount of rent 3d party pays • Use the thing as a prudent administrator according to it’s intended purpose |
|
Lessee’s Right to Sublease/Assign/Encumber
11 |
→ has right UNLESS expressly prohibited from doing so
• Prohibiting any 1 is deemed to prohibit the rest, but provision is strictly construed a/g the lessor • Assignment→ transfers the entire K (original lessor and 2d lessor are solidarily liable for rent) • Sublease→ transfers right of occupancy (lessor may only go after original lessee for rent) • A lessor can’t abuse his right to reject a proposed assignment/sublease. But, it’s not an abuse of right when lessor’s intention was to negotiate for higher rentals (not just to screw the lessee) |
|
Lessee’s right to improvements
12 |
→ can take but need to restore thing to its former condition
• If Lessee doesn’t remover – Lessor may: • Appropriate ownership – pay lessess lesser or costs or enhanced value • OR Demand remove within reasonable time – If lessee fails, lessor can remove at lessees expense or appropriate with a notice by cert mail |