Property - Landlord/tenant

Front 1

What is a tenancy for years?

Back 1

Lease for a fixed period of time

Front 2

Is notice required to end a tenancy for years?

Back 2

No

Front 3

A tenancy of years for > 1 year must be

Back 3

in writing (Statute of Frauds)

Front 4

What is a periodic tenancy?

Back 4

Lease that continues for successive intervals until L or T gives proper notice to terminate

Front 5

If the type of tenancy isn't specified, but provision is made for payments at set intervals, what type is implied?

Back 5

periodic tenancy

Front 6

An oral tenancy of years in violation of the STatute of Frauds creates

Back 6

an implied periodic tenancy

Front 7

If L elects to hold over a T who wrongfully stayed past the conclusion of the original lease, what kind of tenancy is created?

Back 7

periodic

Front 8

How do you terminate a periodic tenancy?

Back 8

Notice at least equal to the length of the period

Front 9

How much notice is required for a 1 year or more periodic tenancy?

Back 9

Common law = 6 months
VA = 3 months

Front 10

Can parties change notice requirement by contract?

Back 10

Yes!

Front 11

What is a tenancy at will?

Back 11

Tenancy for no fixed duration

Front 12

How is a tenancy at will terminated?

Back 12

Either party at any time BUT reasonable demand to vacate is typically required

Front 13

What is a tenancy at sufferance?

Back 13

- when T has wrongfully held over past the expiration of the lease
- gives L a way to recover rent

Front 14

When does a tenancy at sufferance end?

Back 14

L either evicts T or elects to hold T in new tenancy

Front 15

What are T's 3 duties?

Back 15

1) liability to 3rd parties
2) duty to repair
3) duty to pay rent

Front 16

What is T's liability to 3rd parties?

Back 16

- must keep premises in GOOD REPAIR
- liable for injuries sustained by 3rd parties INVITED by T (even when L promises to make all repairs)

Front 17

T invites X over. X breaks ankle on broken floorboard L promises to fix. Who's liable?

Back 17

T

Front 18

What is T's duty to repair when the lease is silent?

Back 18

- maintain premises and make ordinary repairs
- not commit waste

Front 19

What happens when L removes a fixture?

Back 19

Commits voluntary waste!

Front 20

T installs a furnace. Can she later remove it?

Back 20

No, T must not remove a fixture -- no matter what!

Front 21

Fixtures pass with

Back 21

ownership of land!

Front 22

How can you tell is something's a fixture?

Back 22

1)Express agreement controls
2) anything whose removal will cause substantial harm to premises
3) intent to install fixture--it's a fixture!

Front 23

Common law: T's duty to repair when T covenanted to maintain property in good condition

Back 23

T liable for ANY LOSS to the property, even from force of nature

Front 24

Modern law: T's duty to repair when T covenanted to maintain property in good condition

Back 24

T may end lease if premises are destroyed not due to T's fault

Front 25

What can L do if T doesn't pay rent and remains on premises?

Back 25

1) eviction in court
2) continue relationship and sue for rent due

Front 26

If L evicts T, she is entitled to

Back 26

rent from T (tenant at sufferance) until T vacates

Front 27

Can L change the locks, remove T's possessions, or try to forcibly remove T?

Back 27

No!

Front 28

What if T breaches duty to pay rent and leaves premises?

Back 28

SIR
- L can treat abandonment as SURRENDER (T wants to give up lease -- must be in writing if > 1 yr)
- Ignore and hold T responsible for unpaid rent (minority view)
- Re-let premises and hold T liable for any deficiencies (majority view -- mitigation principle)

Front 29

What is the American Rule for delivery of possession?

Back 29

L only needs to give T LEGAL possession, not physical possession

Front 30

What is the English/majority/VA rule for delivery of possession?

Back 30

L must put T in PHYSICAL possession

Front 31

What is the implied covenant of quiet enjoyment?

Back 31

T has a right to quiet enjoyment of the premises without interference from L

Front 32

What kind of leases does the implied covenant of quiet enjoyment apply to?

Back 32

Both residential AND commercial

Front 33

A breach by actual wrongful eviction occurs when

Back 33

L wrongfully evicts or excludes T from premises

Front 34

What is breach by constructive eviction?

Back 34

SING
Substantial Interference (due to L's failures/actions)
Notice from T to L
Goodbye - T must vacate after L fails to fix problem

Front 35

Are landlords typically liable for acts of other tenants?

Back 35

No

Front 36

What are 2 exceptions to L being liable for acts of other tenants?

Back 36

1) L must not permit a nuisance on site
2) L must control common areas

Front 37

What is the implied warranty of habitability? when does it apply? can it be waived?

Back 37

1) premises must be fit for basic human dwelling
2) only residential leases
3) no

Front 38

What is T entitled to if L breaches implied warranty of habitability?

Back 38

MR3 - any option
Move out & end lease
Repair and deduct costs from future rent
Reduce rent until court determines fair rental value (put withheld $ in escrow)
Remain, pay rent, and seek $ damages

Front 39

What is the difference between an assignment and sub-lease?

Back 39

assignment = T transfers ENTIRE interest
sub-lease = T transfers PART of interest

Front 40

Does T need L's permission before assignment or sub-lease?

Back 40

Yes; prior written notice

Front 41

After a transfer, L and T2 are in

Back 41

privity of estate: liable for all covenants that run with the land (rent, repairs, etc.)
NOT privity of contract! (unless T2 assumed ALL promises in original lease)

Front 42

After transfer, L and T1 are in

Back 42

privity of CONTRACT (secondarily liable)
NOT privity of estate

Front 43

L leases to T1. T1 assigns to T2. T2 assigns to T3. T3 abuses premises. Who can L proceed against?

Back 43

T3: privity of estate
T1: privity of contract
NOT T2: neither privity of estate nor contract

Front 44

L and sublessee are in

Back 44

NEITHER privity of estate NOR privity of contract

Front 45

T and sublessee are

Back 45

liable to each other

Front 46

L's premises liability at common law

Back 46

caveat lessee: no duty to make premises safe

Front 47

5 important exceptions to L's common law premise liability

Back 47

CLAPS
Common areas: must maintain
Latent defects: must WARN (not repair)
Assumption of repairs: if L volunteers to repair --> must make with reasonable care
Public use rule: L who leases public space knows that T will not repair; L's liable for any defects on premises
Short term lease of furnished dwellings: L liable for ANY defect on site