Landlord/tenant

Front 1

Types of Tenancies

Back 1

1. Tenancy for a term
2. Periodic Tenancy
3. Tenancy at will
4. Tenancy at sufferance

Front 2

Tenancy for Term

Back 2

Automatically ends when time elapses. Could be any amount of time.

Front 3

Periodic Tenancy

Back 3

Fixed term which renews automatically unless steps are taken to terminate. "Month-to-Month"

Front 4

Tenancy at will

Back 4

No definite Term
Continues until either party terminates

Front 5

Tenancy at sufferance

Back 5

Hold Over tenant.
The landlord is just accommodating the tenant.

Front 6

Statute of Frauds for Tenancies

Back 6

Common Law - 3 years
Modern Law - Over one year must be in writing (Texas)
Some states require all to be in writing.

Front 7

Federal Fair Housing act. Can't discriminate on:

Back 7

1. Race
2. Color
3. Religion
4. Sex
5. Family Status
6. National Origin
7. Handicap
**Some states are adding sexual orientation.

Front 8

Discrimination in advertising standard

Back 8

Ordinary reader test - Would an ordinary reader be discouraged from applying based on their membership in a protected group. Actual intent to discriminate is not required.

Front 9

What estates do the parties to a lease have?

Back 9

Tenant has present possessory estate.
Landlord has reversion and right to protect from waste

Front 10

Three views towards "holdover tenants"

Back 10

1. American View
2. English View
3. Lease Terms

Front 11

American View

Back 11

Landlord's duty is to deliver legal possession. Thus, tenant must remove unauthorized occupier. (Minority approach)

Front 12

English View

Back 12

Landlord's duty is to deliver actual possession. Thus, landlord must remove unauthorized occupier. (majority and TEXAS rule).

Supported by the covenant of quiet enjoyment

Front 13

Lease Term

Back 13

Study lease to see if it expressly deals with this issue. But State law may require residential landlords to place tenant in actual possession regardless of lease terms.

Front 14

General Rule on Intruders

Back 14

Intruders are a tenant problem, not a landlord problem.

Front 15

Landlord's options for dealing with holdover tenants

Back 15

1. Consider them a trespasser and evict.
2. Convert them to a periodic tenancy. (Limited by reasonableness of the extension)

Front 16

Common Law attributes of a lease

Back 16

1. Lease was a conveyance
2. Landlord not responsible for condition of premises
3. Tenant had a duty to not commit waste
4. Landlord's duty not to misrepresent and to reveal known undiscoverable defects.
5. Independent covenants - tenant had to pay even if the premises was not in the condition it was supposed to be.

Front 17

Modern Law attributes of a lease

Back 17

Implied warranty of habitability.

Front 18

Effect of Eminent domain on leases

Back 18

If the gov.t takes only the landlord's reversion, tenants must pay rent to the gov.t
If the gov.t takes the tenancy as well, they have to compensate the tenant if their current rent is lower than market value - More likely to be an issue in long term commercial leases.

Front 19

Tenant's remedies

Back 19

1. withhold rent
2. repair and deduct
3. sue for damages
4. treat as constructive eviction and move.
***Highly regulated by state law.

Front 20

General rule on use of leased space

Back 20

silent - any legal use
lease indications - precatory
Lease restrictions - binding

Front 21

Effect on lease of illegal activity by tenant

Back 21

common law - no forfeiture without specific prohibition in lease

Modern law - tenant forfeits lease (leases usually contain a forfeiture provision as well)

Front 22

Waste Rules

Back 22

Tenant has a duty to not commit waste and the landlord can get an injunction.

Front 23

Fixtures v. Improvements

Back 23

Fixtures - tenant may remove but not damage property
Improvements - Stays with the property

Front 24

Responsibility for injuries to tenants

Back 24

Common law - not responsible unless
1. fail to disclose known latent defect
2. Leased for admission to the public
3. Inns, hotels
4. Breach of express covenant to repair
5. Negligence in making repairs
6. Injury in a common area under landlord's control
7. breach of statutory duty to repair

Modern Law:
1. Movement to adopt tort-based rule of reasonable care and foreseeability.

Front 25

Duty to protect from third parties

Back 25

Common Law - No duty
Modern Law - Negligence standard

Front 26

Texas Rule of liability for crimes and factors:

Back 26

Landlords are only liable for crimes of 3rd parties if it was foreseeable as a result of negligence.
1. Proximity
2. Recency
3. Frequency
4. similarity
5. Publicity

Front 27

Landlord's remedies

Back 27

1. terminate the lease
2. sue for damages
3. retain part or all of the security deposit
4. evict
5. use landlord's lien on contents.

Front 28

Assignment/Sublease

Back 28

Assignment - Tenant transfers entire interest to assignee. Original tenant is still liable under original terms of lease.
Sublease - Tenant is now the landlord to subtenant.

Modern Trend is to treat all subleases as assignments.