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40 Cards in this Set
- Front
- Back
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What kind of interest is a lease |
A property and a contract interest |
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What are four types of estates |
Years Periodic At Will Sufferance |
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Tenancy for years |
FAY measured by a fixed and ascertainable amount of time. Created: by K Termination: no notice and automatically before term ends, Tenant voluntarily surrenders the lease or either materially breaches |
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Which tenancy(ies) has to be in writing |
Tenancy for years if longer than one (1) yr must satisfy SoF |
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Periodic tenancy |
Repetitive and ongoing Created: express or implied Renews automatically Termination: notice must be provided part to the start of the last term unless for a year, then 6 months before |
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Tenancy at will |
leashold with no duration may be terminated by either L or T any time for any reason NO notice If K only says L can terminate, T can by implication If L dies, terminates (not for periodic or years) |
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Tenancy at sufferance |
Created when a tenant holds over after the lease has ended Exists until L evicts or rerents to T Terms of the prior lease control |
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Sufferance vs Will |
Will - created by agreement of L&T Sufferance- Actions by T |
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When can T suspend rent |
1. premises are destroyed 2. L completely or partially evicts 3. L materially breaches lease |
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Implied covenant of Quiet Enjoyment |
L takes actions that make the premsises wholly or substantially UNSUITABLE for their intended purposes - commercial and residential properties |
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Constructive eviction |
1. Premises were unusable for intended purposes (breach of quiet enjoyment) 2. T notifies L 3. L does not correct the problem after a reasonable amt of time 4. T vacates the premises |
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implied warranty of habitability |
L has obligation to maintain property so it is suitable for residential use. Health and safety Can't be waived dont have to vacate Still must NOTIFY L and give Reasonable Opportunity to fix |
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Remedies for IWH |
refuse to pay rent remedy defect and offset costs against rent defend against wrongful eviction |
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Duty to avoid waste |
doesnt have to be in a lease Affirmative, permissive, ameliorative |
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L's duty to mitigate damages |
Majority: reasonable efforts to re-rent property (not NY)
Minority (NY): does not hae to mitigate |
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Holdover tenant |
rent amt from prior lease is due increase is alloed if had informed T prior to expiration date of old lease |
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Duty to Deliver |
Majority: Actual possession Minority: legal possession |
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L duties |
Control common area such as hallway Nuisance like behavior of other tenants NOT third party behavior off-premsises
REsidential - habitable premsises |
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When does a T have to make repairs |
LOOK UP |
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Tort liability of L |
invitees, licensees, and foreseeable trespassers
1. latent defects about which T was not warned
2. Faulty repairs by the L or L's agent
3. Negligence that caused injuries in common areas |
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assignment (lease) |
Complete transfer of T's remaining term |
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sublet |
transfer for less than entire duration of the lease
t maintains a reversionary interest |
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Who can the L collect rent from in an assignment |
either T (privity of K) or Subsequent tenant (privity of estate- property interest) |
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Who can L collect rent from in a sublease |
only Tenant still subtenant has rent obligations to T only |
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can L deny permission to transfer a lease |
Majority: cant deny except for COMMERCIALLY REASONABLE ground
Minority: yes, at L's discretion |
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transferring a L's interest |
no permission needed new L is bound by previous terms |
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Fair housing act (WHO) |
race, color, religion, national origin, sex, disability, and familial status- children under 18
sexual orientation not included
Senior living can discriminate against children |
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Fair housing act (what) |
refusing to rent requiring different rents falsely denying a unit is available providing different service to facilities stating discriminatory preference in ADVERTISEMENT |
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Fair housing act (causation) |
prohibited behavior must be linked to protected basis |
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adverse possession |
allows a person in unlawful possession to acquire GOOD TITLE until then, just a trespasser once satisfied, title goes back to original date govt property cannot be adversely possessed |
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AP elements |
Continuous for statutory time Open and Notorious Hostile Exclusive |
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tacking |
if ap cannot satisfy continuity rqmt, can tack on predecessors time to satisfy SoL
privity = voluntary relationship |
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disabilities and SoL |
SoL will not run against a true owner when suffering from a disability at time AP begins
isanity, infancy, imprisonment |
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open and notorious |
use it as a reasonable true owner would |
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hostile |
adverse to owner's interest Majority: AP's state of mind irrelevant Minority: inquires into AP mind Good faith- AP must be based on MISTAKE Bad faith - aggressive trespass |
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Exclusive |
cannot share with true owner if 2 possess --> TC, not JT |
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Constructive AP |
look up part of land but entitled to whole |
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who is responsible for repairs in a residential building |
L is even if tries to K out of it. Those K are generally void |
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what does non-recourse loan mean |
mortgagor not personally liable |
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deficiency judgment |
when the foreclosure proceeds do not cover the amt owed on the mortgage, some jursidictions allow to go after the mortgagor personally. |
