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16 Cards in this Set

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  • Back
What are the 4 non-freehold estates?
1. Tenancy for years
2. Periodic tenancy
3. Tenancy at will
4. Tenancy at sufferance
What is the key thing to remember about Tenancy for Years?
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.
What does the Statute of Frauds say about Tenancy for Years?
Any tenancy for years OVER one year must be in writing
What is the key thing to remember about a Periodic Tenancy?
REPEATING: an ongoing, continuing, repetitive estate, until one party gives valid notice.
What are the 3 ways to create a periodic tenancy?
1. Express agreement
2. By implication
3. By operation of law
1. Periodic tenancy by express agreement?
Easy, just like it sounds.
2. Periodic tenancy by implication?
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.
3. Periodic tenancy by operation of law?
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
How to terminate a periodic tenancy?
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
Either party can terminate at any time, without notice.
What are 5 other ways to terminate with a tenancy at will?
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.
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
If L decides to hold T as a wrongdoing trespasser, what will he do?
Sue to throw T off property and recover damages for the holdover.
The other option, how to impose a new periodic tenancy on T?
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
When CAN'T L impose a new tenancy on a holdover T?
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.
What happens if L wants to raise the rent?
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!