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20 Cards in this Set
- Front
- Back
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Tenancy for years
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Lease for a fixed period of time
*when you have termination date *no notice necessary for termination *greater than one year: must be in writing to satisfy the SoF |
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Periodic tenancy
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*lease that continues for successive intervals until propert notice is given for termiantion by the L or T
*Express: week to week, month to month...etc *implied: -provision is made for payment at rent in set intervals -Oral term of years in violation of SoF creates implied periodic tenancy measured by the way rent is tendered -holdover, wrongfully stayed on past the conclusion of the original lease creates an implied periodic tenancy based upon how rent is tendered |
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Termination of Periodic tenancy
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*give notice; usually in writing; equal to the period's length or otherwise agreed
*year to year or greater: only need to give 6 month notice *can set by contract *Periodic tenancy must end at the conclusion of the natural lease period |
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Tenancy at Will
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*Tenancy for no fixed duration
*unless expressly agreed, payment of regular rent will cause court to treat the tenancy as an implied periodic tenancy *can be terminated at any time by any party; reasonable demand to vacate usually required |
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Tenancy at sufferance
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T has wrongfully held over past the expiration date of the lease
*lasts until L either evicts or holds T to a new tenancy |
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Tenant's duties
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*must keep premises in reasonably good repair
*liable for injuries sustained by T invitees, even where L expressly promised to make repairs *Where lease is silent, must maintain and make ordinairy repairs *must not commit waste |
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Fixtures
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When removing a fixture, commits voluntary waste
*fixture=once movable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve realty *must not remove fixture no matter that she installed them |
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How does it qualify as fixture
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*express agreement
*can remove as long as it does not cause substantial harm |
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Express covenant to maintain in good repair
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*express covenant to maintain in good condition
-common law: T liable for any loss (including force of nature -majority: T may end the lease w/out loss if due to force of nature |
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T's duty to pay rent
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*Failure:
-landlord evict properly through the court or continue relationship and sue for rent. -if evict, can receive rent from tenant at sufferance *NO SELF HELP (civil and criminal penalties) |
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T breaches duty to pay rent, but is out of possession
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*Surrender--treat as an offer for
*Ignore abandonment and hold T responsible for the unpaid rent, just as if T were still there (minoirty) *Re-let and hold T liable for deficiency -Majority: must at least try to re-let |
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L Duty: duty to deliver possession
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Majority: L must put T in actual physical possession of the premises
American rule (minority): doesn't require that L put T in physical possession, only legal possession |
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Implied covenant of quiet enjoyment
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*commercial and residential leases
*T has a right to quiet ues and enjoyment without interference from L Breached by actual or contructive wrongful eviction |
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Constructive eviction
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*Substantial Interference: due to L's actions or failure to act; chronic problem suffices
*Notice: T must tell L of the problem and then must fail to respond meaningfully *GOodbye: T must leave *L not liable for acts of other tenants Exception: L must not permit a nuisance on site -L must control common areas |
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Implied warranty of habitability
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*residential only
Premises must be fit for basic human habitation *standard: local housing code or court conclusion |
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Implied Warranty of habitability breached: entitlements
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1) move out and sue
2) repair and deduct, allowable by statute in a growing number of JNs (reasonable) 3) reduce rent; or withold rent until court gives fair renatl value (escrow account) 4) remain in possession, pay rent and affirmatively seek money damages |
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Retalitory eviction
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T lawfully reports L for housing code violations, L is barred from penalizing T (raising rent; ending lease; harassing tenant)
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Assignment
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-transferring entire estate
-L and T2 in privity of estate (liable for all of the covenants in the original lease that run with the land -L and T2 are NOT in privity of contract UNLESS T2 expressly assumed all promises in the original lease -L and T1 are not in privity of estate, they are in privity of K -L and T1 are seondarily liable to each other |
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Sublease
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transferring less than the entire estate
*L and sublessee are in neither privity of estate nor privity of K *T2 responsible to T1 |
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L's tort libility
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Common law: caveat lessee (no duty to make safe
Exceptions: *Common areas (must maintain) *Latent defects (must warn T of hidden defects that L knows about or should know about) *Assumption of repairs (must complete repairs done voluntarily w/ reasonable care) *Public use rule: L will be liable for defects to public space renatls that he should know that T will not repair due to the nature of the defect Short tem lease of furnished dwelling: L is responsible for any defects which hurt T |
