Real Property -- Non-Freehold Estates**

Front 1

Estate for Years (Tenancy for Years)
3)

Back 1

1) Key phrase - time (Definite beginning date, definite end date)
2) Statute of Frauds -- needed for anything over 1 year (oral ok for one year)
3) No notice required to terminate tenancy for years

Front 2

Periodic Tenancy
Defined

Back 2

Estate that repeats until proper notice given

Front 3

Periodic Tenancy
Creation

Back 3

1) By Express Agreement
2) By Implication
(measured by period of rent payment)
3) By Operation of Law
(oral lease that fails under Statute of Frauds or holder tenant)

Front 4

Periodic Tenancy
By Operation of Law
Oral Lease that Fails Under Statute of Frauds

Back 4

Arise if landlord accepts rent payment; periods measured by amount of rent

Front 5

Periodic Tenancy
Holdover Tenant

Back 5

1) Tenant who was on property with a valid, but expired lease

2) Arises when landlord accepts rent payment

Front 6

Periodic Tenancy
Termination Notice Requirements
(2)

Back 6

1) Amount of time equal to amount of periodic tenancy (except year long leases -- 6 months)

2) Date of end of periodic tenancy must be the end of the lease

NOTE: Parties can agree otherwise to change notice requirements

Front 7

Tenancy at Will

Back 7

Either party can terminate at any time;

No notice required

Front 8

Tenancy at Will
Methods of Termination

Back 8

1) Either party choses to end
2) Death of either party
3) Waste by tenant
4) Assignment by Tenant
5) Transfer of title by landlord
6) Lease by landlord to third party

Front 9

Tenancy at Sufferance

Back 9

When a tenant holds over possession of their property

Front 10

Tenancy at Sufference
Landlord's Options
(2)

Back 10

1) Sue to evict
2) Impose new periodic tenancy

Front 11

Tenancy at Sufferance
General Rules w/ Periodic Tenancies

Back 11

1) If old tenancy less than a year, new tenancy covered by period of rent payment

2) IF residential, usually month-month

3) IF commercial and old period was for a year or more, then can be for year-to-year

Front 12

Tenancy at Sufference
Raised Rent Situation

Back 12

If landlord gives tenant notice of increased rent before expiration of lease, landlord can demand higher rent if tenant holds over

Front 13

Tenant's Duties
(2)

Back 13

1) Pay rent
2) Maintain premises (lease silent - no waste; lease includes covenant to repair -- everything, even ordinary wear and tear unless otherwise agreed to)

Front 14

Landlord's Remedies when Tenant Breaches Duties

Back 14

1) Failure to pay rent - landlord can sue for damages and to terminate lease

2) Tenant abandons
1) Landlord accepts offer of abandonment
2) Landlord must take effort to relet premise, with tenant responsible for any

Front 15

Landlord's Duties

Back 15

1) Delivery of possession
2) Duties re condition of leased premises
3) Implied Convenant of Quiet Enjoyment

Front 16

Landlord's Duties
Approaches to Condition of Leased Premises
(3)

Back 16

COMMON LAW - no duty to deliver premises in a habitable condition

MODERN RULE - Implied warranty of fitness or habitability for residential properties only

Front 17

Tenant's Remedies for Landlord's Breach of Duties

Back 17

1) Tenant can move out, end lease
2) Tenant can stay on property, sue for damages

Front 18

Implied Covenant of Quiet Enjoyment
Ways a Landlord Can Breach
(3)

Back 18

1) Total eviction

2) Partial eviction
If landlord physically excludes tenant from part of property -- tenant stays for free
If third party takes over land from landlord and tenant -- rent proportionally reduced to reflect amount taken

3) Constructive Eviction
When landlord fails to provide some service that landlord is obligated to provide that makes property uninhabitable

Front 19

Constructive Eviction
Elements
(3)

Back 19

1) Landlord fails to provide service
2) Substantial interference with tenant's quiet enjoyment of property
3) Tenant must abandon within a reasonable time

Front 20

Tort Liability of Landlord

Back 20

No duty imposed on Landlord for injuries on premises during lease

Front 21

Tort Liability of Landord -
Exceptions
(5)

Back 21

1) Latent defects
2) Short term lease of a furnished dwelling
3) Common passageways under landlord's control
4) Negligent repairs undertaken by landlord
5) Public Use Exception

Front 22

Tort Liability of Landord -
Latent Defect

Back 22

Defect the tenant does not know of and a r/s person in tenant's position would not discover

Front 23

Tort Liability of Landord -
Short Term Lease of a Furnished Dwelling

Back 23

Rental of a furnished dwelling for a short term makes Landlord liable for defects, even if landlord neither knows nor has reason to know of such defects
Short term = 3 mos or less

Front 24

Tort Liability of Landord -
Public Use Exception
Requirements
(3)

Back 24

1) Landlord must know (or should know) of defects
2) Landlord must know (or should know) tenant will not fix the defect
3) Landlord must know (or should know) that the public will be using the premises

Front 25

Tenant's Tort Liability

Back 25

Tenant is always liable to a third party invitee for negligent failure to correct dangerous conditions on premises

Front 26

Landlord-Tenant Law &
Fixtures

Back 26

Fixtures become part of real property, cannot be removed by sellers or tenants; depends on intent of the parties

UNLESS express agreement controls

Front 27

Landlord-Tenant Law &
Fixtures
Personal Property

Factors to consider if they should become part of the real property

Back 27

1) Degree of attachment
2) General custom
3) Degree of harm to premises on removal (tenant can remove if no substantial harm from removing them)
4) Trade fixtures

Front 28

Landlord-Tenant Law &
Fixtures
Personal Property

When item can be removed if it is not a fixture

Back 28

Tenant's situation -- before tenant vacates at end of lease

Landlord's situation -- before closing

Front 29

Assignments

Back 29

Transfer of all interests in land

Front 30

Sublease

Back 30

Transfer of some of the interests in land

Front 31

Lease Components

(2)

Back 31

1) Privity of Contract

2) Privity of Estate (interest in land)

Front 32

Assignee Liability

Back 32

If

Privity of Contract

OR

Privity of Estate

--> so assignor and assignee can be liable for rent, depending on above conditions

Front 33

Successive Landlord Liability

Back 33

IF

Privity of Contract

OR

Privity of Estate

AND lease intended to run with the land

Front 34

Sublease

Back 34

No Privity of Contract (because with sublessor)

No Privity of Estate
(because with sublessor)

--> So sublessor continues to be liable

Front 35

Non-Assignment Clauses

Back 35

Generally enforceable

BUT strictly enforced (so if it is a non-assignment clause, only applies to assignments and not subleases and vice versa)

Gives landlord option of voiding assignment, not automatic invalidation

Permission given once is good

"Ratification" by accepting rent payment waives prohibition

Front 36

Effects of
Partial Condemnation

Back 36

does not release tenant from rent obligations

tenant gets prorated refund over paid rent

Front 37

Effects of
Total Condemnation

Back 37

Extinguishes lease, tenant excused from further rent payments

Tenant shares in condemnation award to extent fair rental value exceeds amount of rent on property