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23 Cards in this Set
- Front
- Back
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A present possessory estate can be 4 types
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a. Term of Years
b. Periodic Tenancy c. Tenancy at Will d. Tenancy at Sufferance |
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What is a term of years?
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1. Distinguishing characteristic—by parties’ agreement, it is for a definite period, fixed in advance
2. Can be determinable, inheritable, devisable, and alienable. |
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What is a periodic tenancy?
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Lasts for an initial fixed period and then automatically renews for additional equal periods until either the landlord or tenant terminates the tenancy by advance notice
2. Inheritable, alienable, devisable |
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What is a Tenancy at Will?
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terminable at the will of either party
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What is a Tenancy at Sufferance?
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Holdover tenant (has to have been legal tenant previous)
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What are the landlord obligations?
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1. Deliver possession of the premises to the tenant
2. Not to interfere w/ quiet enjoyment. 3. Make repairs. |
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What is the landlords duty to deliver possession?
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1. Landlord warrants that she has the legal rights to possession and is transferring this to the tenant
2. English Rule (Majority View/AL View) a. Landlord has the duty to deliver to the tenant actual possession at the beginning of the term |
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What are a tenant's obligations?
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1. Pay rent when due
2. Avoid damaging the premises (duty not to commit waste) 3. To comply with the covenants in the lease agreement |
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In alabama, you can use self help eviction if:
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1) Landlord is legally entitled to possession, AND
2) Re-entry is peaceful (non-forceful) |
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What are a landlord's options if Tenant abandons the premises and breaches
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i. Accept surrender
ii. Relet the premises for the Tenant’s account iii. Sue for damages immediately iv. Sue for rent as it comes due (“Wait and sue”) |
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What damages are available if Tenant abandons and breaches?
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a. Back rent
b. Damages for breach of “independent” covenants c. Consequential damages d. Damages under 2x/3x rent “holdover” statute for period following termination of rent e. Acceleration clause |
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Can Landlords and Tenants transfer property?
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Yes, Landlords may sell it, tenants may sublease it.
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How do courts handle the right/ duty to repair?
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a. More restriction on allowing tenants to be assigned duty of repair
b. In the absence of a contrary agreement, landlords should have premises suitable for intended purpose when term begins |
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Distinguish assignment and sublease:
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Assignment is a transfer for the entire remaining term, sublease is anything less.
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Do lease provisions transfer with subleases/ assignments?
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Probably not. See right to purchase.
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Does a sublease create privity between landlord and sublessee?
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No.
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What is the implied warranty of habitability?
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1. Each residential lease is deemed to contain an implied warranty that the landlord will deliver the premises in habitable condition, and maintain them in that condition during the lease term
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What is the traditional rule with the implied warranty of habitability?
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2. Traditional rule:
a. No duty to disclose i. Caveat Emptor b. No duty to repair c. Rent and repair covenants independent of tenants covenant to pay rent |
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What is the basic yardstick for breach of the warranty of habitability?
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5. Basic yardstick for breach is an objective test—reasonable person would find the premises uninhabitable
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Is the implied warranty of habitability applied to commercial leases?
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NO.
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Most states define the scope of the code as (1) ________; or (2) _________
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8. Most states define the scope of the code as (1) local housing codes; or (2) fitness for human habitation
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What must the tenant do to activate the IWoH?
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Notify the landlord of specific problem, then allow reasonable time.
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What are the remedies for a breach of the IWoH?
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Terminate Lease
Remain in Possession and Sue for Damages Remain in Possession and Withhold rent Remain in possession and use "repair and reduct" strategy Specific Performance. |
