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34 Cards in this Set
- Front
- Back
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LIST
types of leases |
Fixed term
Periodic Tenancy at will Tenancy at sufferance |
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DEFINE
fixed term lease |
Fixed time period by agreement, automatically ends, no notice of termination necessary
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DEFINE
periodic lease |
Continues for successive intervals until proper notice given; may be created expressly or by implication (presumption if no term mentioned); notice in writing and delivered (20 days by L, 30 days by T for non-residential; 20 days by either for residential)
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DEFINE
tenancy at will |
No fixed period; immediately terminable by reasonable notice given by either party; must explicitly agree or else treated as periodic
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DEFINE
tenancy at sufferance |
Tenant wrongfully remains in possession after expiration of tenancy; L can bring unlawful detainer action or treat as period tenant on month to month lease
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LIST
types of lease termination |
Release
Surrender Abandonment Destruction Holdover tenant |
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DEFINE
release of lease |
T purchases L’s interest; lease terminates
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DEFINE
surrender of lease |
L accepts T’s offer to convey leasehold to L, terminates
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DEFINE
abandonment of lease |
L refuses to accept T’s surrender, but T vacates, terminates; T’s liability is difference between contract rent and current fair market value; if L relets, L can also cover expenses and full rent due while seeking new tenant
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DEFINE
destruction re:lease |
T has option to terminate if destroyed; cannot terminate if leasing entire parcel of real estate, except residential; T cannot force L to rebuild after destruction
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LIST
landlord duties |
Duty to deliver possession
Implied Covenant of Quiet Enjoyment Implied Warranty of Habitability Personal injury defects (latent/common area) Covenant to repair/attempt to repair No duty to protect other tenants/passerby |
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DEFINE
L's duty to deliver possession |
L is required to put T in actual physical possession of premises
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DEFINE
L's implied covenant of quiet enjoyment |
L required to allow T to use land without interruption
Partial actual eviction can occur if L reaches by interfering with part of premises Constructive eviction can occur if breach is so bad; T must show bad conditions, L's fault, L knows/T gave notice, and T moved out |
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DEFINE
L's implied warranty of habitability |
L required to maintain property in habitable condition; only applies to residential premises and standard is from housing code
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DEFINE
T's remedies for breach of implied warranty of habitability |
DART
Damages for breach Abatement of rent Repair Terminate the lease |
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DEFINE
L's duties re:personal injury |
If latent defect, where there's a concealed condition L knows about = L liable
If common area defect, L has duty to exercise reasonable care over common areas |
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DEFINE
L's covenant to repair |
L liable for cost of repair if clause in lease says so
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DEFINE
WARLTA |
WA Residential Landlord Tenant Act
cannot be waived unless approved by county/AG/tenant attorney |
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LIST
L remedies for unpaid rent |
Unlawful detainer action
Landlord lien for non-residential leases |
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DEFINE
retaliatory eviction |
If T reports code violations and L gives notice to terminate, presumed retaliatory and is void
Burden on landlord |
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DEFINE
Security deposit rule |
L must state terms and give checklist
L must place security deposit in escrow account L must return funds within 14 days of lease expiration; failure to do so = liability plus atty fees, or double if willful |
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DEFINE
landlord lien |
Abolished for residential leases; civil penalty if used
Non-residential L can assert lien on T's goods for delinquent rent, but must bring action within 2 months of default Lien has priority over PMSIs and SIs |
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LIST
tenant duties |
Waste doctrine
Covenant to repair Illegal purposes |
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DEFINE
ameliorative waste |
Tenant must return premises in same condition as received; cannot make substantial alterations to leased structure
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DEFINE
tenant's covenant to repair |
If non-residential, tenant held to covenant and dispute settled by comparing premises at beginning/end of lease
Not allowed under residential since implied warranty of habitability applies |
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DEFINE
tenant's duty to pay rent |
Must be current on rent to enforce statutory remedies
L can bring action for rest of rent due if T abandons; L still has duty to mitigate damages though |
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Rule regarding assignment/sublease validity
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In absence of express restriction in lease, T can transfer in whole or part
Consent only required if in lease; even if in lease, is valid but T is in breach |
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DEFINE
assignment |
Complete transfer of entire remaining term of lease
Assignee owes rent directly to L; A and L are in privity of estate/liable to each other Reassignment ends liability of assignee Original tenant not liable, but may be secondarily liable |
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DEFINE
sublease |
Tenant retains part of the remaining lease term
Sublessee is tenant of original lessee; pays rent to T1 T1 liable to L; T2 not liable to L unless expressly assumed covenant to pay rent |
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DEFINE
fixture |
Once movable chattel that has been annexed to real property and which becomes part of the realty
Manifest intent of annexor at time of annexation controls; did he intend to permanently improve realty? |
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DEFINE
nuisance |
Use of another's land that unreasonably interferes with use or enjoyment of another nearby land
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DEFINE
public/private nuisances |
Public: unreasonably interferes with heath, safety, property rights of whole community
Private: substantial, unreasonable interference with another private individual's rights |
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Remedies for nuisance
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Injunctive relief
Damages Weigh gravity of harm against utility of defendant's conduct |
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DEFINE
defenses to nuisance |
Coming to nuisance (plaintiff moved after nuisance operated)
Compliance with zoning Right to Farm Act applies if 1) consistent with agricultural practices, 2) established prior to surrounding nonagricultural activities; 3) does not have substantial adverse effect on public health and safety |
