Landlord and Tenant: Leasehold Estates Flashcards
What is a leasehold?
What are the four leasehold estates?
“leasehold” = an estate in land under which tenant has a PRESENT POSSESSORY INTEREST and landlord has a reversion.
- “Tenancy for Years” (aka Estate of Years/Term of Years) - lease for a FIXED PERIOD of time
- “Periodic Tenancy” - lease that continues for successive periods (ie..month to month) until terminated by NOTICE of either party
- “Tenancy at Will “ - terminable at the will of EITHER the landlord or tenant
- “Tenancy at Sufferance” when T has wrongfully held over past the expiration of the lease (Goal –> to allow LL to collect rent)
What is a Tenancy for Years?
Is notice needed to terminate?
What is rule re: SOF?
May LL Reenter?:
What is rule re: surrender?
- this is a lease for a fixed period of time (any length, could be 2 days, could be 10 years)
Key –> You know the termination date from the start
EXAMPLE –> L Leases Blackacre to T “From January 11, 2011 to July 1, 2011”
RULE –> No notice is needed to terminate the lease.
RULE –> To be enforceable, a term of years > than 1 year must be in writing due to SOF
RULE –> LL may usually REENTER if tenant breaks any covenants or fails to pay rent
SURRENDER –> lease may terminate if T surrenders and LL accepts. In this case, if remaining period exceeds 1 year, it should be in writing to satisfy SOF
What is a periodic tenancy?
How is it created?
“Periodic Tenancy” - a lease which continues for successive intervals until L or T gives notice
How Created
1. Express Periodic Tenancy
o Ex —> L conveys “To T from month to month”; “year to year”; “week to week”
- Implied Periodic Tenancy (Three ways)
(i) Land is leased w/ no mention of duration, but provision is made for payment of rent at set intervals
• Ex –> T rents to L, beginning June 1. Nothing is said about duration. T pays rent each month. RESULT –> implied month to month periodic tenancy
(ii) Oral term of years in violation of the SOF.
RESULT–> implied periodic tenancy measured by way rent is tendered.
(iii) The holdover
- in a residential lease, if L elects to holdover a T who has wrongfully stayed past the conclusion of the original lease..
RESULT –> implied periodic tenancy arises, measured by how rent is tendered
(iv) Lease is invalid, but T goes into possession
What is the rule w regards to TERMINATION of a “periodic tenancy”?
Periodic tenancy is AUTOMATICALLY RENEWED until proper NOTICE of termination is given.
NORMALLY –> unless otherwise provided, notice must be give one full period in advance, and calculated to end the lease at the end of a period
For a YEAR TO YEAR –> 6 months notice is required
What is a “tenancy at will”?
How is it created?
What are the rules re: right to terminate and by whom?
“tenancy at will” - terminable at the will of EITHER the landlord or tenant
CREATION –> must be created by EXPRESS AGREEMENT that tenancy can terminate any time
- Absent such an agreement –> It will treated as a periodic tenancy, based on rent payments.
IF lease ONLY gives LL right to terminate –> same right will be implied for T
HOWEVER –> if lease ONLY gives T right to terminate, same right will NOT be implied for LL
With regards to “tenancy at will” is notice required to terminate?
In most states, there must be reasonable notice.
NOTE –> it may also terminate by operation of law (example –> death)
What is a “Tenancy at Sufferance”?
“Tenancy at Sufferance” - created when T has wrongfully held over past the expiration of the lease
GOAL –> to permit LL to recover rent
When/how is “tenancy at sufferance” terminated?
The tenancy at sufferance lasts only until L either:
• (i) evicts T, OR
• (ii) decides to hold T to a new tenancy
What is the “Holdover Doctrine”?
What are the EXCEPTIONS (3)?
In General –> Holdover doctrine allows LL to bind tenant to a new periodic tenancy is T continues possession after his right has ended
Commercial Tenants –>
(i) if original lease was 1 year or more –> may be held to new year-year tenancy
(ii) if original lease was less than 1 year –> may be held to periodic tenancy based on rent payments
IF Residential –> generally held to new month to month, regardless of original term
NOTE –> in general, terms of original lease govern new
NOTE –> if LL notifies T of rent increase BEFORE the lease expires and they holdover, they will be deemed to have accepted
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EXCEPTIONS
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LL cannot bind T under Holdover doctrines IF:
- T remains in possession only for a few hours, or leaves a few personal articles; OR
- Delay is not T’s fault (Example –> severe illness); OR
- it is a seasonal lease
