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16 Cards in this Set
- Front
- Back
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What are the 4 non-freehold estates?
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1. Tenancy for years
2. Periodic tenancy 3. Tenancy at will 4. Tenancy at sufferance |
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What is the key thing to remember about Tenancy for Years?
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The Specified Time does not have to be for years!
any estate measured by a fixed period of time, no matter how short, is a tenancy for years. |
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What does the Statute of Frauds say about Tenancy for Years?
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Any tenancy for years OVER one year must be in writing
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What is the key thing to remember about a Periodic Tenancy?
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REPEATING: an ongoing, continuing, repetitive estate, until one party gives valid notice.
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What are the 3 ways to create a periodic tenancy?
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1. Express agreement
2. By implication 3. By operation of law |
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1. Periodic tenancy by express agreement?
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Easy, just like it sounds.
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2. Periodic tenancy by implication?
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Where lease is silent as to its duration. If the lease doesn't specify how long it is to last, then it is presumed to be a periodic tenancy measured by the rent payment.
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3. Periodic tenancy by operation of law?
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Two situations:
1. Oral lease violating the Statute of Frauds (ie. acceptance of rent by LL creates a periodic tenancy by operation of law, even though the lease itself violates the S/F. And the period is determined by the period covered by the rent check LL accepted. 2. Hold-Over: tenant stays after expiration of lease, then LL accepts rent |
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How to terminate a periodic tenancy?
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By giving valid notice:
1. Time: Equal to the period (if year to year, 6 months notice) 2. The right effective day of termination: the last day of a period |
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TENANCY AT WILL?
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Either party can terminate at any time, without notice.
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What are 5 other ways to terminate with a tenancy at will?
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1. Death of either party
2. Waste by the tenant 3. Assignment by the tenant 4. Transfer of title by landlord 5. Lease by landlord to someone else. |
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TENANCY AT SUFFERANCE?
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It's the bare possession of a holdover tenant. At landlord's sole option, landlord can either:
1. Hold T as wrongdoing trespasser 2. Impose new periodic tenancy on T |
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If L decides to hold T as a wrongdoing trespasser, what will he do?
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Sue to throw T off property and recover damages for the holdover.
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The other option, how to impose a new periodic tenancy on T?
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For residential property, the new period is always month-to-month.
For commercial property, year to year (if old tenancy was year or more)...or if less than year, it's measured by length of old tenancy |
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When CAN'T L impose a new tenancy on a holdover T?
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If it's unreasonable, such as if T's holdover was just for a few hours or it was because of circumstances beyond T's control.
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What happens if L wants to raise the rent?
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If L tells t of higher rent before expiration of lease, and T holds over after expiration, L can impose the new periodic tenancy on T at the higher rent. But L must have told T of it BEFOREHAND!
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