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48 Cards in this Set
- Front
- Back
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What are the four leasehold estates?
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Tenancy for years, periodic tenancy, tenancy at will, tenancy at sufferance
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What is a tenancy of years?
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A leased for a fixed period of time
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What notice is needed to terminate a tenancy of years?
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None
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When must a term of years be in writing to be enforcable?
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When it is greater than one year
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What is a periodic tenancy?
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A lease that continues for successive/continuous inervals until L or T gives proper notice of termination
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How is a periodic tenancy created?
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Expressly ('to T for month-to-month') or by implication (payment of rent at set intervals, oral term of years in violation of statute of frauds, when L elects to holdover a T who has wrongfully stayed on past the conclusion of the origional lease)
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When a periodic tenancy is created by implication, how is the term measured?
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By when rent is tendered
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How is a periodic tenancy terminated?
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By notice, usually in writing, at least equal to the period length unless otherwise agreed (exception: if the tenancy is from year-to-year or greater, only 6 months' notice is required)
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When must the periodic tenancy end?
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At the conclusion of a natural lease period
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May a landlord/tenant vary notice periods for ending a periodic tenancy?
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Yes, by private agreement
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What is a tenancy at will?
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A tenancy for no fixed duration.
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How is a tenancy at will created?
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By express agreement only. Otherwise, payment of regular rent will create an implied periodic tenancy.
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How is a tenancy at will terminated?
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By either party at any time; a reasonable demand to vacate is uaually required.
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How is a tenancy at sufferance created?
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When T has wrongfuly held over past the expiration of the lease
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How long does a tenancy at sufferance last?
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Only until L either evicts T or decides to hold T to a new tenancy
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What are T's duties?
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Liability to 3d parties, duty to repair, duty to pay rent
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What are T's liability to 3d parties in tort?
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Responsibility to keep premises in reasonably good repair; liability for injuries sustained by parties T invited, even where L expressly promised to make repairs.
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L leases a building to T, expressly promising to maintain the premises in a state of good repair. T's invitee trips over a losse floorboard and sues T. What result?
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T loses (but T may seek indemnification from L)
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What is T's duty to repair when the lease is silent
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T must maintain premises and make ordinary repairs; T must not commit waste (voluntary - note fixture rules, permissive, ameliorative)
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What is a fixture?
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A once movable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve realty. E.g., built-in heating systems, customized storm windows, furnace, certain lighting.
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May T remove a fixture?
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No, not even if T installed it. Fixtures pass with ownership of the land.
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How do you tell when a tenant installation qualifies as a fixture?
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Express agreement controls; otherwise, T may remove a chattel that she has installed so long as removal does not cause substantial harm to the premises. If removal will cause substantial damage, then in objective judgment T has shown the intent to install a fixture.
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What is T's duty to repair when T has expressly covenanted in the lease to maintain the property in good condition? (common law)
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T is liable for any loss to property, including loss due to force of nature
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What is T's duty to repair when T has expressly covenanted in the lease to maintain the property in good condition? (modern law)
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T may end lease when premises are destroyed without T's fault
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What are the landlord's options if T breaches duty to pay rent and is in possession of the premises?
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Evict properly through courts or continue relationship and sue for rent. NO SELF HELP.
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If a landlord moves to evict a T, is L entitled to rent?
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Yes - T is a tenant at sufferance
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What happens if a landlord uses self-help to evict a tenant (changes locks, forceably removes, etc.)?
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L is subject to civil/criminal penalties
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What are L's options if T breaches the duty to pay rent but is out of possession?
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SIR (treat T's abandonment as an implied offer of SURRENDER, which L accepts, IGNORE the abandonment and hold T responsible for the unpaid rent (minority), RE-LET the premises and hold T liable for any deficiency (majority: T must at least try to re-let))
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Must L's acceptance of T's surrender be in writing?
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Yes, if the unpaid term is greater than one year.
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What is the landlord's duty to deliver possession? (English/American)
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English rule (majority) - L must put T in actual physical possession of the premises. American rule (minority) - L need only put T in legal possession.
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What is the implied covenant of quiet enjoyment?
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In residential and commercial leases, T has a right to quiet use and enjoyment of the premises without interference from L.
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How is the implied covenant of quiet enjoyment breached?
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By actual wrongful eviction or by constructive eviction (SING - SUBSTANTIAL INTERFERENCE due to L's actions/failure to act, T must give L NOTICE and L must fail to act meaningfully, GOODBYE - T must leave w/I a reasonable time after L fails to fix)
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Is the landlord liable for acts of other tenants?
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Generally no, but L must not permit a nuisance on site and must control common areas
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What is the implied warranty of habitability?
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In residential leases only, premises must be fit for basic human habitation, as determined by local codes/court.
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What may T do when the implied warrant of habitability is breached?
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MR3 - MOVE and terminate the lease, reasonably REPAIR and deduct cost from future rent, REDUCE or withhold rent (but place in escrow), REMAIN and pay rent but sue for damages
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What is retaliatory eviction?
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If T lawfully reports L for housing code violations, L may not penalize T (e.g., by raising rent, harassing T, ending lease).
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What is an assignment?
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A transfer of all of T's interest in a lease
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What is a sublease?
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A transfer of part of T's interest in a lease
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When can T make an assignment or sublease?
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Absent a prohibition, T is free to do either; a lease may prohibit both without L's prior written approval, but if L consents to one transfer by T, L waives the right to object to future transfers by that T, unless L expressly reserves that right
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In an assignment, what is L's relationship with T2?
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L and T2 are in privity of estate, so they are liable to each other for all covenants in the original lease that 'run with the land' (e.g., promises to repair, repaint). L and T2 are not in privity of contract, unless T2 expressly assumed all promises in the original lease
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In an assignment, what is L's relationship with T1?
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L and T1 are no longer in privity of estate, but they remain in privity of contract
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If T1 assigns the lease to T2, who assigns the lease to a T3 who abuses the premises, can L proceed against T1, T2 and T3?
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T1? Yes - under privity of contract, T1 is secondarily liable to L; T2? NO - no privity of either contract or estate; T3? Yes, through privity of estate
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In a sublease, what is L's relationship with subT?
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No privity. SubT is liable to T and vice versa
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What does caveat lessee mean?
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Under common law, L is under no duty to make premises safe (exceptions - CLAPS)
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What are the exceptions to caveat lessee?
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CLAPS - L must maintain COMMON areas; LATENT defect rule (L must warn of hidden defects that L knows or should know about), ASSUMPTION of repairs (L who voluntarily makes repairs must complete them with reasonable care); PUBLIC use rule (L who leases public space - e.g., convention hall - and who should know because of the nature of defect and the duration of the lease, that T will not repair is liable for any defects; SHORT term lease of furnished dwelling (L is responsible for any defects which hurt T)
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When can fixtures NOT be removed, despite an agreement saying they can be?
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Regardless of any agreement, items that have become incorporated into the structure of the realty always become part of the realty.
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How long is a tenancy at sufferance for?
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Typically it becomes a new periodic tenancy measured by how rent is paid; if original lease > 1 year in commercial setting, for a year
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What happens if a tenant fails to remove chattels before the termination of tenancy?
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Tenant forfeits the chattels, even if he could have legally removed them earlier
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