Property - Ll/t

Front 1

How to analyze LL and T problems:

Back 1

1. Determine the tenancy in question
2. Determine the basis of conflict
a. paying the rent
b. condition of premises
c. possession of premises
3. If there are successive T or LL, determine responsibility
4. Determine remedies

Front 2

Tenants duties:

Back 2

1. to pay rent
2. not to commit waste
3. not to interfere with other tenant's enjoyment of their leased premises
4. not to use the premises for illegal purposes
5. to make necessary repairs, although there are significant exceptions - most staes recognize warranty of habitability, which imposes duty to repair on LL in residential leases.

Front 3

Landlord duties:

Back 3

1. deliver possession at the beginning of the lease
2. not interfere with T quiet enjoyment of property
3. provide habitable premises
4. maintain premises.

Front 4

What is a forfeiture clause?

Back 4

Allows the LL to evict the T if the T materially breaches any lease provision. If based on not paying rent, notice is required.

Front 5

What is an acceleration clause?

Back 5

Provides that if a T materially breaches the lease, the LL can demandimmediate payment for the current value of all the rest of the rent due under the lease. Valid in most states. If T abandons and LL relets, the LL m/ return to the T any rents from the new T for the remaining period of the old T lease.

Front 6

What are the 4 leasehold estates?

Back 6

1. Tenancy/estate for years
2. period tenancy
3. tenancy at will
4. tenancy at sufferance

Front 7

What is a tenancy/estate for years?

Back 7

It is a lease for a fixed period of time - beginning and ending dates m/b fixed.

Front 8

What is a periodic tenancy?

Back 8

Tenancy which is renewed auto at the end of each period unless either lessor or lessee terminates it. Notice is required of at least one rental period, but if for a year, only 6 months is required.

Front 9

What is a tenancy at will?

Back 9

Tenancy with either LL or T, or both, can terminate at any time w/o notice. No fixed duration.
C/b expressly created, or it w/b implied by law if the lease d/n provide for periodic rent, or the lease is invalid.

Front 10

What is a tenancy at sufferance?

Back 10

Created when a T wrongfully maintains possession of the premises after the expiration of a lease. Lessor m/ evict the T or hold the T to a new tenancy merely by accepting rent.

Front 11

How much notice is required for an estate of years?

Back 11

None - requires a fixed beginning and ending date so no notice is necessary.

Front 12

What is the implied covenant of quiet enjoyment?

Back 12

Covenant implied in every lease:
1. T w/n be ousted by any 34d party with paramount title
2. LL and his representatives w/n interfere with T use and enjoyment of premises.
T m/ leave premises w/in a reasonable time after breach or waived.

Front 13

What is a constructive eviction?

Back 13

When LL substantially interferes with the T use and enjoyment of the leashold. LL has breached the covenant of quiet enjoyment. The interference m/b substantial - m/ become uninhabitable for intended purposes.
T m/ terminate the lease and vacate and is entitled to damages.
T m/ give notice to LL so LL can remedy defect, m/ vacate premises w/in a reasonable time, c/n remain in possession and claim constructive eviction.

Front 14

What is the difference b/w actual and constructive eviction?

Back 14

Actual - T is dispossessed of most or all of the leasehold - he c/ terminate the lease, refuse to pay further rent.
Constructive - if eviction is constructive, LL interferes with T use and enjoyment, T c/ only terminate lease if he abandons premises w/in reasonable time. If he maintains possession, he c/ only sue for damages.

Front 15

What remedies are available to LL for nonpayment of rent?

Back 15

1. eviction
2. action to recover rent as it falls due
3. statutory liens
4. security deposits
5. rent acceleration clause

Front 16

What is the difference b/w abandonment and surrender?

Back 16

Abandonment - T leaves premises and stops paying rent. Lease d/n cease due to abandonment.
Surrender - an agreement which terminates lease. Formal conveyance requiring a writing and LL m/ accept surrender for it to be valid. Some states require LL intent, others require that if LL relets = acception.

Front 17

What is the warranty of inhabitability?

Back 17

Implied in residential leases requiring that the premises be habitable - m/b safe and healthy throughout the lease period.
If LL violates his duty to keep the premises habitable and T stops paying rent, T c/ use the breach as a defense to claim for back rent.
D/n require T to vacate premises to pursue claim.
Remedies - Initial breach = contract remedies (damages, restitution, rescision), using T rent for repairs, withholding rent.
Continuing breach = terminate lease, vacate and recover damages; keep lease and recover damages; withhold rent; repair and deduct from rent; specific performance.

Front 18

What is an assignment of a lease?

Back 18

T transfers away the ENTIRE remainder of his lease.

Front 19

What is a sublease?

Back 19

T transfer away of less than the entire estate left to him. Not liable for covenants runnign wih land, c/n be sued or sue LL.

Front 20

What is privity of estate?

Back 20

Exists b/w original LL and T b/c T holds a lease and LL holds the reversion. When an assignee assums all the T possessory rights, he holds the lease, and the LL still holds the reversion, putting them in privity of estate. Means of binding someon to an agreement he d/n personally make.

Without privity of estate or K, the subseq T w/n/b bound by covneants running with the land - person c/n/b sued.

Assignees are considered to be in privity of estat with the LL, and are bound by T covenants.
Sublessees are not - they are only responsible to the person with whom they're in privity, the prior T.