VI. LANDLORD-TENANT LAW (443-51, 461-526) Flashcards
caveat lessee
let the lessee beware
tenancy for years
fixed period with beginning and end dates, may be less than a year
periodic tenancy
period to period (e.g. month to month) until notice of termination given
tenancy at will
no stated duration, continues until L or T desires an end, or at the death of either
holdover tenancy or tenancy at sufferance
tenant remains after the end of tenancy
What are the landlord’s duties in most jurisdictions?
deliver possession at the beginning of the lease, not to interfere with T’s quiet enjoyment, provide habitable premises
What are the tenant’s duties in most jxns?
MUST pay rent, not to damage the premises beyond normal wear and tear, not to disturb other tenants; T’s duties may be independent of the duties of L
interesse termini
contract right to enter; before T enters she only has a contract right to enter (interesse termini) and not property rights until she takes possession
idea is fading but may support holding that if T breaks the lease before taking possession L can sue for contract damages but not for rent, not likely to make a diff bc in most cases contract damages will be equal to rent
Garner v. Gerrish
Gerrish cherished his privilege of termination
Holding: language and intent of the conveyance was to create a determinable life tenancy that would terminate at T’s will; lease expressly gave T(∆) right to terminate and gave landlord no similar right.
defendant had lease agreement that stated he had privilege of termination at date of his choice; upon L’s death, plaintiff (executor of his estate) demanded defendant leave the premises, arguing a tenancy at will was created.
Is a lease a conveyance or a contract?
BOTH!
o A lease is a conveyance because it transfers a possessory interest in the land. (property rights)
o The lease is a contract because it contains a number of promises by the tenant to pay rent or by the landlord to provide utilities. (contract rights)
Note: Modern approach has been to reform the law of landlord-tenant by importing into it much of the modern law of contracts.
Hannan v. Dusch
Duschy L gets away with it
Holding: adopting “American rule,” (minority view) court says defendant had no duty to deliver actual possession to plaintiff; plaintiff has cause of action against holdover and landlord should not be held responsible for actions of an independent wrongdoer
defendant leased land to plaintiff; defendant refused to oust holdover tenant even though plaintiff was ready to take possession; question is what is the default setting of the lease (absent specific provisions does L have duty to deliver actual possession or merely legal possession)
Assignment
T transfers entire remaining term of his leasehold and retains no reversionary interest in himself; assignee comes into privity of estate with L; privity of estate makes L and assignee liable to each other on covenants of the original lease (e.g. L can also sue T2 for failing to pay rent)
Sublease
T transfers less than the entire remaining term of leasehold, retaining a reversionary interest in himself; T becomes L of the sublessee.
Ernst v. Conditt
Remember that Ernest Hemmingway ASSIGNMENT?
Holding: Court held agreement created an assignment (conveyed whole term) because Rogers had no reversionary interest in leasehold; this was enough to overcome fact that agreement claimed to be a sublease and fact that agreement explicitly made Rogers liable for breach of covenant (Rogers did not retain right to reenter during lease)
Ernst leased land to Rogers, who in turn “subletted” land to ∆ with Ernst’s consent; agreement purported to be sublease, so ∆ claimed he was not liable to Ernst for rent not paid because there was no privity of estate
Kendall v. Ernest Pestana, Inc.
Kendall lives in San Jose.
Holding: L can only withhold consent when he has reasonable commercial objections to assignment (this is now the default position; even absent provision saying consent will not be unreasonably withheld). L wanting rents was not reasonable.
Facts: Airport property leased to Perlitches, who entered into 5 year sublease with Bixler plus 4 5-year options to renew (25 years total) and then assigned remaining interest to Apee; Bixler then attempted to sell property to Appts, but Apee refused owing to clause in contract that required its consent before any interests could be assigned; ∆ claims it can withhold consent for any reason whatsoever (can be arbitrary)
