Wa Bar Property - Leases

Front 1

Leasehold Estates (Tenancy)

Back 1

For Years (fixed period of time by agrmt, terminate automatically w/o notice; SOF if +1yr)
Periodic (successive intervals until notice of termination; expressly or by implication; notice of termination must be in writing, delivered, 30 days notice nonresidential tenant, 20 days all others, termination date must be the end of a regular lease period)
At Will (no fixed period of time, either may terminate at any time w/ reasonable demand to quit the premises; must explicitly agree to this or are treated as implied periodic tenancy)
At Sufferance (wrongful holdover after lease expires; landlord may bring unlawful detainer or treat as periodic tenant under terms of original lease, probably month-to-month)

Front 2

Creation and termination of Leases

Back 2

Creation (+1yr requires a writing & acknowledgment, else month-to-month tenancy upon possession & rent; +2yr requires recording act)
Premature Termination
• Release (tenant purchases landlord's interest)
• Surrender (tenant conveys interest to landlord)
• Abandonment (landlord refuses to accept surrender, tenant vacates & stops paying rent; landlord gets difference between contact rent & current fmv rent etc.)
• Destruction (option to terminate unless non-residential lease & entire parcel leased)

Front 3

Landlord Duties

Back 3

Implied Covenant of Quiet Enjoyment
Implied Warranty of Habitability
No retailatory eviction or self help
Security deposits
No liability for personal injury (exceptions)

Front 4

Implied covenant of Quiet Enjoyment

Back 4

• Use of the land without interruption
• Partial Actual Eviction (remedy is full rent suspension)
• Constructive Eviction (conditions are bad, landlord at fault, landlord knows or has notice; tenant has moved out)

Front 5

Implied Warranty of Habitability

Back 5

• Landlord must keep the property habitable
• Only applies to residential premises
• Std of performance drawn from local housing code
• Remedies (Damages, Abatement, Repair & deduct, Terminate; must be current on rent & give written notice)

Front 6

Duty to Repair

Back 6

Hot or cold water, heat, electricity, conditions hazardous to life 24 hr.
Fridge, range, oven, or major plumbing 72 hr.
Other 10 days

Front 7

Wavie L's duty?

Back 7

NO, except by approval of county attorney, AG, or tenant's attorney

Front 8

Self Help termination

Back 8

NO. Maybe for non-residential given proper notice.

Front 9

Retaliatory Evictions

Back 9

termination notice within 90 days of housing code violation report presumed retaliatory & void; must be current on rent

Front 10

Security Deposit

Back 10

for written leases, must be placed in an escrow account, returned 14 days after lease expires or written explanation, failure creates liability for full deposits, attorney fees, double deposit if withholding was willful

Front 11

Landlord Lien

Back 11

ABOLISHED residential, but abandoned goods may be held for 45 days w/ attempted notification, then sale or disposition; permissible for nonresidential delinquent rents, must bring within two months of rent default, has priority over all purchase money security interests in the goods

Front 12

Abandoned Goods

Back 12

may be held for 45 days w/ attempted notification, then sale or disposition

Front 13

Landlord Liability for personal injury

Back 13

NO Landlord Liability for Personal Injury EXCEPT
• Latent Defect (liable for failure to disclose dangerous conditions K/RTK)
• Common Area Defects (reasonable care)
• Public Use (K/RTK of dangerous condition & had reason to believe public will use the premises, and fails to repair)
• Covenant to Repair (liable for repairs & injuries)
• Negligent Repairs (duty arises once LL undertake to repair)
• NO ordinary negligence or breach of WRLTA/ housing code.
• NO duty to protect from tenants (tigers!)

Front 14

Tenant Waste

Back 14

• Voluntary (overt, harmful acts which intentionally or negligently damage premises)
• Permissive (neglects to prevent damage)
• Ameliorative (must return in the same nature and char as received, made not make substantial alterations)
• Destruction (destroyed w/o fault implies no waste)
• Covenant to Repair (remains landlord duty under implied warranty of habitability for residential; enforceable for nonresidential)

Front 15

Tenant duty to use premises

Back 15

No Use for Illegal Purposes (drug-related or imminently hazardous to the safety of others)

Front 16

Duty to pay rent

Back 16

otherwise loses statutory remedies; surrender terminates; unlawful detainer for default (10 day notice); remainder rent due for abandonment - landlord's duty to mitigate)

Front 17

Restrictions against assignments

Back 17

leaseholds are freely transferable in whole or in part absent express restriction, need not be reasonable unless in contract or mobile home.

Front 18

Assignment

Back 18

complete transfer of entire remaining term of lease
Assignee and L are in privity of estate and each is liable to the other for all covenants that “run with the land,” i.e touches and concerns the land. A owes money directly to L.
Original tenant remains liable, in privity of contract.

Front 19

What is reasonable refusal to consent to a assignment

Back 19

If lease requires reasonableness, poor credit, business incompatible with business run by other tenant’s (if tied to financial loss) are valid reasons, charging more is not.

Front 20

Sublease

Back 20

• T retains part of the remaining term.
• Remains liable in privity of estate and contract.

Front 21

Sublease by Landlord

Back 21

New Landlord’s Rights
• T must pay rent to L2, (attornment). Must pay all covenants that touch/concern the land.
New Landlord’s Liabilities
• L2 must perform lease covenants that touch and concern the land. Does not have to return the security deposit unless the lease provided it would be used to repair damage to the property (otherwise it doesn’t touch and concern the land).

Front 22

Fixtures

Back 22

"Fixtures (once movable chattels annexed to real property and which becomes part of the realty) pass with the land."

Front 23

Determining if there is a fixture

Back 23

Objective intent of the annexor at annexation controls, measured by...
• Degree of Property Interest (more strengthens presumption)
• Degree of Annexation (can it be removed without substantial injury)
• Nature and Use (chattel closely or uniquely connected to building?)

Front 24

Tenant Fixtures

Back 24

Tenant fixtures
• May be removed by the tenant if done before termination of the lease and with repair to damage done by removal.

Front 25

Competing security interests in fixtures

Back 25

• Normally first to file or record has priority, but article 9 fixture lender with a purchase money security deposit has priority if they file within 20 days of installation.