Pmbr Property - Landlord Tenant

Front 1

Landlord Tenant - What is a Leashold

Back 1

A conveyance of a property as well as a contract for exchanged promises.

Conveyance of land so Falls within SOF, must be in writing. Must 1- identify parties, describe leased land, term of the lease, rent to be paid.

Treated more often as K than conveyance.

Front 2

Landlord-Tenant: Tenants Duties - Rent

Back 2

Duty to pay rent. Viewed as consideration given for use and enjoyment of the land. At CL, rent is not apportionable as to time, only due upon copletion of entire term. Expiration of full term is condition precedent to maturity of obligation to pay.

Destruction of premises doe not absolve tenants obligation to pay rent, but is extinguished by a. release by LL, 2. Merger, 3. expiration of the lease, 4. Eminent Domain, 5 Constructive Eviction, 6. Frustration of Purpose, 7. Surrender.

Surrender - Once T is not in possession, L can surrender (in writing if longer than 1 year left.)
Minority of states hold that T can ignore and hold T to rent, but majority including NY, say that L must make good faith efforts to re-let and T is liabke for deficiencies. NY says mitigation not required if T abandoned wrongfully.


If entire leased land is condemned by Eminent Domain, fully extinguished duty to pay rent, but if only temporary, or if only partial, then not discharged.

Constructive Eviction - Material Breach By Landlord vIolates covenant of quiet enjoyment. Tenant can be released from obligation to pay, but must quit the premises in timely fashion. Frustration of Purpose also discharges obligation to pay rent.

Front 3

Landlord-Tenant: LL's Remedies for breach

Back 3

1. Evict, signaling end of lease, tenant will be at suffrance and will b liable for rent until vacating, or
2.Continue K relationship and sue for rent due.
3. NO SELF HELP = treble damages to tenant.

Front 4

Landlord Tenant: Tenant's Duties - Liability for Waste -

Back 4

Duty to Repair - Affirmative duty to make ordinary repairs, may not commit waste. Four types of waste:

1. Voluntary - Injury to premises or land caused by affirmative act of the tenant, unless such injurious use was taking place before hand, e.g. cutting trees.
2. Ameliorating - Unauthorized act changeing in physical characteristics increasing the value of the land. Ordinarily, T not liable.
3. Permissive - Injury caused by failure to act on a duty. Must make orinary repairs.
4. Equittable - Injury to the reversionary interest which is inconsistent with good husbandry, and not recognized as waste accept at equity. Court can enjoin to prevent the act. If "Without impeachment of waste" in lease, equittable waste. Works when damages at law, after the fact, may not be enough, e.g., tenant is not worth so much as to replace lost value, better to preemptively enjoin

Front 5

Landlord-Tenant: LL's Duties

Back 5

1. POssession:
a. majority - must deliver possession
b. minority (american rule) - must only deliver legal possesion, not actual possession.

2. Impled covenant of Quiet Enjoyment - breached by actual or constructive eviction. For construct
ive eviction, must be:
a. substantial interference
b. Notice to L
c. Vacate premises when L fails for fix.

3. Implied warranty of Habitability - Fit for basic human habitation, non waivable. Upon breach, T can
1. Leave and terminate lease
2 Repair and deduct from rent (reasonable and necessary)
3. Reduce Rent, or withhold rent (until court deterines fair value, AND place rent in escrow (good faith.)
4. Pay rent and seek damages at law.

DIfference between constructive eviction (quiet enjoyment) and breach of habitability - T need not evict before L is liable for breach of implied warranty of habitability.

Front 6

Landlord-Tenant: LL's Duties - Tort

Back 6

Caveat Emptor, buyer beware with exceptions for:

1. Common Areas
2. Latent Defects: must simply warn if L has knowledge or reason to know.
3. Assumption of Repairs (complete with resaonable care)
4. Public Use - IF L knows by nature of the defect and length of the lease that T will not repair, L liable.
5. SHort term lease of furnished dwelling: liable for defective conditions proximately cuasing damages.

Front 7

Landlord-Tenant: Assignment

Back 7

Transfer of entire interest remaining int he lease. L can prohibit this without consent by terms of the lease, but once consent given, waives right to object to further assignments. In NY, residential tenant may not assign without consent unless lease provides otherwise, and L can withhold consent unresaonably.

Effect of assignment: Does not break privity of K with lessee unless assignee expressly assumes promises. Covenants running with the land (duty to repair, pay rent, etc) come with privity of estate (whomever is in possession.) L can sue assignee through privity of estate or assignor under privity of K.

Front 8

Landlord-Tenant: Sublease

Back 8

Transfer of part interest with reversion interest retained by sub-lessor.

L has no rights against sublessee, may only sue sublessor, but sublessor has rights against sublessee