Landlord Tenant

Front 1

Leasehold

Back 1

a leasehold is an setae in land under which th tenant has a present possessory interest in leased prmises and the landlord has future interest

Front 2

tenancies for years

Back 2

a tenancy for years continues for fixed period of time . It is usually created by written. IT is terminated outomaticly.

Front 3

Breach of Covenant

Back 3

In most leases, the landlord reserves a right of entry , which allows for him to terminate the lease of the tenant breaches any of the lease covenant
a. fauire to pay rent
b. surrender - terminates if the tenant surrender the tency and the landlord accepts.

Front 4

Periodic tenancies

Back 4

a period tenacy conitues for successive period until terminated. It can be created by express agreement, placation, or operation of law. IT is terminated with proper notice or it authomaticly renewed. Usually, the notice has to be one full period in advance.

Front 5

tenancies at will

Back 5

terminated at twill of either landlord or tenacy. It is generally created yb express agreement that the lease can be terminated at any time. Absen tusch an agreement periods rent payment will cause a court to treat as periodic tenancy. If the lease gives only the landlord the right to terminate, a similar right will be pled in favor of the tenant. Hwoever, if only the tenant has right to terminate , simlar right will not be implied in favor of the landlord.

Front 6

Termination of tenancy at will

Back 6

a tenancy at twill mybe terminted yb givng noice and reaonable time to quit by any party with power to do so or it can be terminated by operation of law.

Front 7

Tenancy AT sufferance

Back 7

Creation a tenancy at sufferance arises when a tenant wrongfully remains in possession after experiatio not lawful tenancy. It terminates a tenacy at sufferance last only until the landlord takes steps to evict the tent. Notice was not required .

Front 8

The hold over Doctrine

Back 8

if tenant continues in possession after hi right to possession has ended, the landlord may 1. evict him 2. bind him to new periodic tenancy. Generally, the terms and condition of the expired tenancy govern the new one. Commerical entnts my be held to new year to year tenancy if the original lease term was for one year or more or aperiodic term based not eh frequency of rent payment if the orgnal terms was for less than one year. Residentail tenant however,r are generally held to new moth to month tenancy regadleess of orginal terms. IF the landlord notifies the tent before the lease express the occupancy after the termination will be increased rent, the teatn by hold over is held to acquired to the new terms.

Front 9

Leases

Back 9

a lease is a contract that governs the landlord tenant relationship. Covenant in the lease are generally independent. ei if one party breaches a covent the other part can recover damages but must still perform his promises and can not terminate the landlord tenant relationship. tEh doctrines of actual and constructive evictio and implied warranty of hablitatlity are expetio to this rule. Also, states have created statutory exception allowing the landlord to terminate the lease of for the nonpayment of rent.

Front 10

Tenants duty to repair

Back 10

Waste:
Voluntary: results when the tenant intentionally or negligently damages the premise or exploits minerals on the property
permisive: fails to take reasonable stops to protect the premises from the elements. The tenant is liable for ordinary wear and tear subject to state. (has duty to report)
c. ameliorative waste - occurs when the tenant alters the property thus increasing value. The tenant is liable for cost of restoration. exception includes long term tenant.

Front 11

Destruction of property without fault

Back 11

IF the leased property is destroyed without the fault of the landlord or the tenant no waste is involved. Absence of statute otherwise they do not have duty to repair or restore and the tenant has to continue on paying rent. Modernly, statute will allow tenant to quit.

Front 12

tenants liability for covenant to repair

Back 12

if residential tenant convents to repair the landlord usually remain obligated for th repair under habitilbiy. However, a non residential tenant covenant to repair is enforceable and a landlord may be awarded damages for breach based on properties condition when th lease termined compared with its condition where the lease has commenced. A tenant who covenant to repair is not ussaly alive to rebuild after structural damages or casualty destruction, unless covenant expressly includes these types of repia. Ina absence of sepcialfed reference to ordinary wear and tear, covenant to repair includes such repair, Hwoever, rep or covenant frequently exclude wear and teach.

Front 13

Duty to not sue premises for illegal purpose

Back 13

if the tent used the premise for illegal purpose the landlord may terminate the lease or obtain damages and inductive relief.

Front 14

Duty to pay rent

Back 14

/THe duty to pay rent is usually governed by agreement. Duty terminates once effective conveys of property.

Front 15

Tenant on premises but fails to pay rent

Back 15

can either sue or evict.

Front 16

Tenant Abandons

Back 16

if the tent unjustifiable abandons the property the majority view it that the landlord as a duty to mitigate damages by seeking to relet premises. If the rlandrlodr espouses the tents liability depends if that landlord ahas accepted the surrender.

Front 17

Duty to deliver possession of premisses

Back 17

stauttes in most statutes require that the landlord to put the tenant in actual possession of the prmises at the beginning of the leasehold tersm.

Front 18

Quite enjoyment

Back 18

every lease has win implied duty that neither the landlord not a paramount title holder will interfere with the tenant quiet enjoyment of the property

Front 19

Actual Eviction

Back 19

actual eviction occurs when the landlord or paramount title holder of holdover tenant excludes the tenant from entire leased position. IT terminates the tenants obligation to pay rent.

Front 20

Partial Eviction

Back 20

partial actaul eviction occurs when the tenants is physically excluded from only part of the leased premises. Partial eviction by the landlord excludes the teantnt from paying the entire amount even though there is possession. a third party act will only allow a deduct of rent.

Front 21

Constructive Eviction

Back 21

if the landlord does someithg that renders the property uninhabitable then the tenant may terminate the lease and seek damages. The conditions must be result of landlords asction and the tenant must vacate at ar reaonasble time.

Front 22

Implied Warranty of Habitability

Back 22

most jd imply a covenant of habitability into residential leaves. This is not waivable. In the even that of breach the tent may terminate the leave, make the repairs and offset the cost against future rent, abate the rent to amount equal to FRV of view of defects, or remain on the land and sue for damages.

Front 23

Retaliatory Eviction

Back 23

a landlord can not terminate because a ta tenant companied to housing authority

Front 24

discrimination

Back 24

tenants and potential tenants are protected by the Civil Rihgts act and fair housing act which bars discretion.