A. Landlord & Tenant Flashcards
(23 cards)
What is required for Leases?*
Lease > 1 year
- In writing
- Subscribed by either party to be charged/lawful agent
- Clear + coherent (commonly used words, appropriately divided + captioned)
Lease = 1 year
- Oral
Can leases prohibit occupancy by Tenant’s children?
NO
What types of tenancies are there?*
Tenancy for years
- Agreed period of time
- Terminates upon stated time
Periodic tenancies
(monthly/yearly)
- Implied by Parties’ actions
- Terminates upon notice/death/attempt to sublet w/o Landlord’s consent
Tenancy at will
- NOT terminable at any moment
Tenancy at sufferance
- T wrongfully remains in possession after expiration of tenancy
- Terminates upon eviction
What is required for assignment of ‘residential’ leases?*
Dwelling < 4 residential units
- Landlord must consent (NOT unreasonably withheld)
- Landlord may unconditionally withhold consent w/o cause
What is required for sublease of ‘residential’ leases?*
Dwelling > 4 residential units
- Must comply w/ statutory notice provisions
- Landlord must provide written consent (NOT unreasonably withheld)
What if Landlord unreasonably withholds consent?*
Landlord must release Tenant from lease if;
1) Tenant requested release from lease
2) Upon 30 days’ notice
When does Warranty of Habitability apply?*
Residential tenancies
- Written lease
- Oral lease
NOT commercial tenancies
What is the Warranty of Habitability?*
1) Fit for human habitation at inception of tenancy
2) For uses ‘reasonably’ intended by parties
3) Occupants NOT subjected to conditions which would be dangerous/hazardous/detrimental to life health/safety
Can Tenant waive/modify rights under the statute? What are the remedies?*
NO
- Void (contrary to public policy)
What options are available for Landlord if Tenant holds over lease of a term longer than one month?*
Remove Tenant (as accepted by law)
Accept rent for period subsequent to lease expiring (creates monthly tenancy)
Commence action of holdover summary proceeding (in state location of property)
NOT hold over T to new term equal to term of lease
What is required for termination of monthly tenancies?*
New York City (Bronx, Brooklyn, Manhattan, Queens)
- Tenant held over lease
- Landlord serves notice in writing
- At least 1 month before term expires
- In same manner as notice of petition in summary proceedings
NOT New York City
- Landlord/Tenant serves notice (In writing/NOT in writing)
- At least 1 month before term expires
What remedies are available for Landlord if Tenant breaches lease?*
Commence special proceedings
- Recover property possession
What remedies are available for Landlord if Tenant abandons property?
NOT mitigate damages by re-letting
What are the rights regarding recovery of legal fees from summary proceedings if provided under residential leases?*
If Landlord (plaintiff) is successful => Landlord may recover legal fees
If Tenant (defendant) is successful => Tenant may recover legal fees
What are the requirements for security deposits made by Tenant?*
1) Landlord must hold security deposit in trust
2) Security deposit may NOT be commingled w/ Landlord’s personal monies
3) Security deposit is NOT Landlord’s asset
When must Landlord deposit security in interest-bearing account?*
Rent is in building containing ‘6 or more family dwelling units’
What are Landlord’s duties towards security deposit?*
Security deposit in Bank
- Landlord must notify Tenant the location of Bank
Security deposit in interest-bearing account
- Landlord may retain 1% of deposit for expenses
- Landlord may hold balance/pay balance to Tenant
What must Landlord do if lease title is transferred to New Owner?*
1) Either;
- Transfer security deposits to New Owner (within 5 days)
- Return security deposits to Tenant
2) Notify Tenant of New Owner’s Name + Address
What are Tenant’s remedies if Landlord breaches duty of implied warranty of habitability?*
Make repairs
Offset cost vs rent
Sue for damages
Terminate lease
Request rent abatement
What are the consequences if Landlord places deposit wrongfully in escrow account?*
Discipline
Suspension
Licence revocation
Criminal prosecution
What are Tenant’s protections in residential leases?
NO Landlord’s retaliatory evictions
- If T makes good faith complaint re L’s violation of warranty of habitability/health and safety law => Landlord can NOT change tenancy terms within 1 year
- If T brings civil action vs Landlord for retaliation => T may recover attorney’s fees
Landlord’s mitigating of damages
- If T violates lease + vacates => L must take reasonable steps to re-let premises at fair market value
- If lease provision exempts L’s duty to mitigate damages => Void (contrary to public policy)
What are Landlord’s duties once Tenant’s cash rent payment is received?
Direct receipt
- L must immediately provide signed, written receipt => T
- Including date + amount + premises location + payment period
Indirect receipt
- Receipt must be issued within 15 days
- L must keep record of cash receipts for 3 years
What must Landlord do if Tenant fails to send rent payment within 5 days when due?
L must send written notice => T
- Stating failure to receive rent payment (affirmative defence in summary proceedings)
- By certified mail
