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Real Property > Landlord and Tenant > Flashcards

Landlord and Tenant Flashcards

1
Q

What are the four leasehold estates?

A

Tenancy for years
Periodic tenancy
Tenancy at will
Tenancy at sufferance

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2
Q

What is the tenancy for years?

A

A/K/A estate for years or term of years
For a fixed determined period of time (of any length)
E.g., L rents to T for two years

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3
Q

How is a tenancy for years created?

A

Usually written leases, has to be written if for more than a year

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4
Q

How does a tenancy for years terminate?

A

(1) Automatically at termination date
(2) L usually reserves right of entry on breach of covenant (usually to pay rent)
(3) Tenant can also surrender if L accepts

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5
Q

What is a periodic tenancy?

A

Continues for successive periods

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6
Q

How is a periodic tenancy created?

A

(1) Express agreement
(2) Implication (by the act of, e.g., monthly payment)
(3) Operation of law (T remains in possession after expiration and L treats as periodic)

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7
Q

How is a periodic tenancy terminated?

A

Renews automatically until proper notice given, usually must be one full period in advance. For a year to year lease, 6 months notice at common law, one month in the modern view

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8
Q

What is a tenancy at will?

A

Terminable at will of either L or T

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9
Q

How is a tenancy at will created?

A

By express agreement

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10
Q

How does a tenancy at will terminate?

A

In some states no notice is needed by in most, there needs to be notice and reasonable time
Also by operation of law for death, waste, etc

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11
Q

What is a tenancy at sufferance?

A

A tenant wrongfully remains in possession after the expiration of a lawful tenancy

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12
Q

When does a tenancy at sufferance terminate?

A

When landlord evicts

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13
Q

What is the hold-over doctrine?

A

If tenant continues in possession after right expires, L may:

(1) evict
(2) bind to new periodic tenancy
except: remains in possession for a few hours or leaves a few pieces of personalty, delay is not tenant’s false or it is a seasonal lease

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14
Q

What is a lease?

A

K governing L and T relationship

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15
Q

What are the tenant’s two primary duties?

A

To repair and to pay rent

Also: not to use premises for illegal activity

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16
Q

What is a tenant’s duty to repair?

A

When the lease is silent – only to maintain the premises (routine repairs other than those caused by wear and tear)
includes not committing waste
L usually remains obligated to residential tenant to repair under nonwaivable warranty of habitability but may get breach damages from a commercial tenant who does not repair

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17
Q

What is the law of fixtures?

A

When a tenant removes a fixture, they may be committing waste. Fixtures pass with the ownership of the land

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18
Q

When does a tenant’s installation qualify as a fixture?

A

(1) An agreement between L and T on the matter will control
(2) absent express agreement, T may remove chattel so long as removal does not cause substantial harm to premises. if it would, then it is a fixture and passes with land ownership.

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19
Q

What happens if the leased premises are destroyed without fault?

A

No waste is involved and absent lease language or statute to the contrary, there is no duty to restore by either L or T but tenant must continue paying rent. Most states give tenant option to terminate on these grounds

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20
Q

Can a landlord retain a security deposit?

A

Only to the extent actually suffered.

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21
Q

What is a landlord’s remedy for tenant on premises failing to pay rent?

A

(1) eviction (through courts) – will still be entitled to rent from tenant until they vacate, defaulting tenant becomes tenant at sufferance
(2) continue the relationship and proceed against tenant for the amount owed

Cannot engage in self-help by changing locks or forcibly removing the tenant or their possessions

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22
Q

What is a remedy for a landlord where the tenant has unjustifiably abandoned the property?

A

Can treat T’s abandonment as surrender and accept
In a minority of states, can ignore the abandonment and hold T liable for unpaid rent
Re-let the premises and hold the wrongdoer liable for deficiencies
Rule – L must try to relet to mitigate damages

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23
Q

What are a landlord’s duties?

A

(1) Duty to deliver possession of premises (e.g., must evict hold-over tenant before new tenant’s lease term)
(2) Implied covenant of quiet enjoyment – neither L or paramount title holder will interfere with T’s quiet enjoyment and possession
(3) implied warranty of habitability in residential leases
(4) no retaliatory evictions
(5) no discrimination

24
Q

How may the covenant to quiet enjoyment be breached?

A

(1) Actual eviction
(2) Partial eviction
(3) Constructive eviction

25
Q

What is actual eviction?

A

When the landlord, a paramount title holder or a hold-over tenant excludes the tenant from the entire leased premises. This terminates the tenant’s obligation to pay rent.

26
Q

What is partial eviction?

A

Tenant physically excluded from part of premises

27
Q

What does a tenant have to show to prove constructive eviction?

A

When the landlord’s breach renders premises unsuitable for occupancy. The tenant must prove:

(1) that the landlord breached a duty
(2) that breach substantially and materially deprived the tenant of use and enjoyment (e.g., flooding, absence of heat in winter)
(3) notice to the landlord with reasonable time to repair
(4) tenant vacates after reasonable time

May terminate lease and seek damages.

28
Q

What is the implied warranty for habitability?

A

Warranty implied in residential leases, nonwaivable, tied to local housing codes.

29
Q

What presumption attaches to landlord actions within 90-180 days of tenant’s exercise of rights?

A

Presumption of retaliation, L must show valid non retaliatory reason for actions

30
Q

What non-discrimination laws apply to tenants and potential tenants?

A

(1) Civil Rights Act (no racial/ethnic discrimination)
(2) Fair Housing Act (no discrimination race, religion, national origin, gender, disability, or families w/children except in senior housing).

31
Q

What is an assignment of a lease?

A

Complete transfer of the entire remaining term of the lease

32
Q

What is a sub-lease?

A

A transfer of a part of the remaining term but not the entire duration

33
Q

What are the consequences of assignment?

A

The assignee stands in the shoes of the original tenant and is in privity of estate with the landlord.
The landlord and assignee are liable to each other on all lease covenants that run with the land.

The original tenant is no longer in privity of estate with the landlord, but remains liable on the original contractual obligations (rent) because she is in privity of contract (T and A both liable to L for rent)
Re-assignment by an assignee ends privity of estate

34
Q

What covenants run with the land?

A

A covenant runs with the land if the original parties intend and it touches and concerns the land. A covenant to pay rent runs with the land (assignee owes rent directly to L).

35
Q

What are the consequences of a sublease?

A

Sublessee is the tenant of the original lessee and usually pays rent to the lessee, who remits it to The landlord. A sublessee is not in privity with the landlord and not liable for rent or any covenants on main lease unless they expressly assume them. Cannot enforce any covenants made by L except the implied warranty of habitability. L may terminate main lease, automatically terminating sublease.

36
Q

What are the effects of covenants against assignment or sublease?

A

May be included to prevent either assignment or sublease but are strictly construed against L. (E.g., a covenant against one not extended by implication to bar the other)

37
Q

What occurs if a tenant violates a lease provision by assigning or subletting?

A

The transfer is not void but L may either terminate the lease or sue for damages

38
Q

What assignments can landlords make?

A

Can assign rents and reversion interest, usually by conveying building ownership, and does not need T’s permission

39
Q

What rights does a landlord’s assignee have against tenants?

A

Once tenants have reasonable notice of assignment, they must treat assignee as new landlord and pay rent. Benefit of all tenant covenants touching and concerning the land run to the new owner.

40
Q

What liabilities does the assignee landlord have to the tenants?

A

The burdens touching and concerning the estate run to the assignee

41
Q

What liabilities does the original landlord retain to the tenants?

A

All the covenants made in the lease

42
Q

What happens to leasehold estates as a result of condemnation?

A

(1) If the entire leasehold is taken by eminent domain: T’s rent liability extinguished because lease and reversion merge into condemnor (no more lease estate). Lessee entitled to compensation.
(2) If the taking is temporary or partial: the tenant not discharged from rent obligation but entitled to compensation (share of condemnation award)

43
Q

What is a landlord’s tort liability?

A

At common law: The landlord has no duty to make premises safe, with six exceptions:

(1) Latent defect/concealed dangerous condition
(2) common areas
(3) members of the public
(4) furnished short term residences
(5) negligent repairs
(6) contracts to repair

In the modern view: landlords have a general duty of reasonable care, and are liable for ordinary negligence if there was notice of defect and opportunity to repair

44
Q

When is a landlord liable under the common law exception for dangerous defects?

A

If, at the time of leasing, the landlord knew or should have known of a dangerous condition that the tenant could not discover through reasonable inspection, the landlord must disclose (not repair!) or be liable for any resulting injuries. Disclosure relieves liability.

45
Q

When is a landlord liable for injuries to members of the public?

A

When, at the time of leasing, the landlord:

(1) knows or should know of a dangerous condition,
(2) has reason to believe the tenant may admit the public, and
(3) fails to repair

46
Q

What is a landlord’s duty to common areas?

A

Duty of reasonable care (halls, elevators, etc)

47
Q

What is a landlord’s duty re: furnished short term residences?

A

Leasing fully furnished premises for short periods like a season creates a stricter duty. Landlords are liable for injuries from ANY defect regardless of whether they knew of it.

48
Q

When is a landlord liable for injuries from repairs?

A

Even if there is no duty to repair, if L actually attempts to repair, L is liable for any injury as a result of negligence or deceptive appearance of safety.

When L covenants to repair, L is liable for injuries from both failure to repair and negligent repair

If there is a legal duty to repair (statutory), liable for failure and negligence

49
Q

Under the modern view, for which defects is a landlord held to have notice for?

A

Generally held to have notice of defects existing before T takes possession but not after unless they knew or should have known

50
Q

When is a landlord liable for injuries to tenants by third party criminals?

A

In some states, where the landlord has failed to comply with security related housing code provisions

51
Q

In a tenancy at will, who has the right to terminate?

A

If agreement gives the landlord the right to terminate, that right will also implied to the tenant, but not vice versa

52
Q

What is a fixture?

A

movable chattel that by virtue of annexation to realty objectively shows the intent to permanently improve the property

53
Q

What landlords are excluded from the application of the Fair Housing Act?

A

Inapplicable to religious orgs, private clubs, owners w/ no more than 3 single family dwellings, or owner-occupied apt w/ 4 or fewer units

54
Q

What does the Fair Housing Act require with regard to landlord advertising and representations to prospective tenants?

A

FHA outlaws preference in ads based on above classes, unlawful to falsely represent unavailability based on above class membership

55
Q

What does the Fair Housing Act require of landlords of tenants with disabilities?

A

FHA requires allowance of reasonable modifications by disabled tenants and reasonable accommodation in rules/policies for disabled tenants

56
Q

What is the effect of a partial eviction on a tenant’s obligation to pay rent?

A

If the construction eviction is by the landlord, this relieves the tenant of the obligation to pay rent on the entire premises.
If the constructive eviction is by a third party, then the tenant is only entitled to an apportionment of rent

57
Q

What does a landlord’s breach of the implied warranty of habitability allow the tenant to do?

A

Breach allows the tenant to:

(1) terminate lease, or
(2) make repairs and offset cost against future rent, or (3) abate rent in view of defects, or
(4) remain in possession, pay full rent, and sue for damages

Real Property (7 decks)

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