Landlord Tenant Flashcards
(44 cards)
Lease Definition
Landlord grants exclusive right of possession of real property to tenant for a period of time, with a reversion interest at the end of the term
Right to Possession
Leasee must have exclusive right to possession.
maintains the right of exclusion, even against landlord
Lease v. License
License - a personal right based on a contract that is revocable by the licensor
- property law eviction process does not apply
Categories of a lease
Term of years - set to expire on a specific date
Periodic tenancy - continued for successive periods of equal length unless one of the party informs the other of its intention to terminate
Tenancy at will - no fixed period, lasts until one party cancels
Term of years Lease
Does not automatically renew
Periodic Tenancy
Automatically renews unless either side gives notice
Notice
Common law - amount of notice required equals the period of tenancy, but never more than 6 months
URLTA -
week to week - 10 days
Month to month or longer - 30 days
Not Waiveable
Tenancy at Will
Either side can terminate at any time
Common law - Old Rule
If one side is given right to terminate, then it becomes at will and the other side can terminate as well
New Rule - some jurisdictions allow only parties to contract so only one party can terminate
URLTA - Automatically converted to Periodic tenancy
- week to week if rent is paid weekly
- Month to month in all other cases
Tenant at sufferance - election
1) treat as trespasser
- No notice to tenant required
- May recover actual damages, including loss of a new tenant
2) Treat as a tenant under new lease
- Some jurisdictions allow landlord to double or triple rent
- terms are same a previous lease
- Most jurisdictions consider holdover tenancy to be periodic
- Some jurisdictions fix the period at the term under the old lease NEVER LONGER THAN 1 YEAR
- Other jurisdictions fix period at rental payment period
Landlord’s Duties
Provide:
1) Right to possession
2) Right to Quiet Enjoyment
3) Implied warranty of habitability (Residential)
Right to Possession - American Rule
Landlord was required only to deliver right to possession, not to place tenant into physical possession
Rightful tenant only able to get relief from trespasser, not landlord
Rationale:
- Tenant can negotiate in contract to be placed in possession if concerned
- English rule forces landlord to be insurer of tenant
- unfair to hold landlord liable for wrongdoing of a trespasser
Right to Possession - English Rule
Landlord must actually place tenant into possession. If not placed into possession, tenant can terminate lease
WEAK MAJORITY of jurisdictions apply this rule
URLTA also applies english rule
Rationale:
- Landlord knows status of previous tenant better than new tenant
- Landlord is the only party who can evict the holdover tenant prior to the start of new tenant’s lease
Implied Covenant of quiet enjoyment
Tenant has the right to exclude all even the landlord
Common Law -
- Landlord had no right to enter, even to avoid waste or if illegal activities were occurring
- Some courts now allow landlord to enter to protect other tenants or to prevent serious damage
Residential and Commercial leases often allow landlord to enter:
1) in the case of an emergency
2) to make repairs to structural and other integral systems
3) to prevent waste
Commercial Landlords-
- often have provisions in leases that allow them to enter close to the end of the term of a lease to show the property to potential new tenants
Independent covenants
Each covenant in a lease is independent
If one covenant is breached, others still apply
If landlord breaches quiet right to enjoyment, tenant still must pay rent.
As long as tenant is on property he must pay rent
BASED IN PROPERTY LAW
Damages available for breach of quiet enjoyment
Tenant may sue for damages, but cannot withhold rent
Constructive Eviction - Definition
Through the actions or inactions of landlord, the premises in untenantable so tenant must vacate premises
Requires permanent interference that is substantial in nature
PRIMARILY USED AS A DEFENSE for failure to pay rent
Constructive eviction - Elements
1) Interference is substantial and would cause a reasonable person to be forced to vacate immediately or as soon as possible
2) Tenant must Notify landlord and give him reasonable time to fix problem
3) Must actually vacate
4) Must result from a breach if implied or express promise
Substantial
Interference
Notify
Get out (vacate)
Constructive Eviction - Damages
Damages not available for constructive eviction
Defense for failure to pay rent
Implied warranty of habitability v. constructive eviction
Constructive eviction may not be option for some residential tenants because many may not be able to scrape together enough for another security deposit without the return of their existing one
Risky - If fails could be on the hook for 2 leases
Implied Warranty of habitability
Landlord will deliver and maintain, throughout the duration of the lease, premises that are safe, clean, and fit for human habitation
Exists on all residential rental agreements
CANNOT be waived
No need to vacate
cause of action - not defense
Implied Warranty of habitability - Damages
Compensatory - based on difference between agreed upon / paid rent and the actual value of the habitation
Punitive - Available when landlord is such a willful and wonton or fraudulent nature to make appropriate the application of exemplary damages
Deduct and repair - Can simply pay for repair and deduct the value from rent
- URLTA - limits to only minor repairs that cost less than 1/2 of a month’s rent
Implied Warranty of habitability - retaliatory eviction
URLTA extends protections against landlords from evicting or raising rent in relation to bringing a suit against the implied warranty of habitation
Caveat Leasee
Leassee beware - Still used in a minority of districts instead of implied warranty of habitability
Tenant’s Duties
1) Pay Rent
2) Don’t waste
Tenant surrender
2 choices
1) Accept surrender - terminate lease
- May collect unpaid rent but not entitled to future rent
2) Reject Surrender -
Most jurisdictions - landlord is required to use reasonable efforts to find tenant to mitigate damages from a breach
Reasonable - must treat the apartment in questions as if it is one of his vacant stock
Burden of proof - JX split but landlord is in better position to prove he used reasonable diligence
Old / Common law approach - Landlord may choose to leave premises vacant and continue to hold tenant liable for remainder of term
