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Flashcards in Landlord/ tenant Deck (13):
1

Term of years tenancy

fixed term tenancy
•Lasts for a fixed period of time

2

Periodic tenancy

• For a period of time that automatically continues unless on party notifies they want to severe
• Month to month, Week to week
• Notice to terminate must be given before the start of the new month you want to leave

3

o Tenancy at will

• Leasehold that may be terminated at anytime by either landlord or tenant
• Notice is not required
• Bilateral
• Garner v. Gerrish
• A lease, which grants the lessee, the right to terminate the tenancy does not grant the same right to the lessor unless expressly stated in the document.
• Created a personal right to the named lessee to terminate at a date of his choice, - life tenancy terminable at the will of the tenant.

4

o Tenancy at sufferance

• Quasi lease hold
• Occurs while tenant is holding over, before a new leasehold hs been acquired
• Only concerned by the actions of the tenant
• 3 options when hold over
Eviction
Summary proceeding
Passive landlords
Re-let
Takes the holdover as indication that tenant wants to stay as a tenant

5

Delivery of possession (Hannah case)

• Hannah v. Dusch: If T2 comes and T1 one is still there American law recognizes lessee’s legal right to possession, but implies no duty upon lessor against wrong dower

6

• Transfers

o Leases can be freely transferred if the lease is silent on the topic
o If the leases states landlord needs to approve transfer
• Landlord can only deny for commercial reasons

7

o Assignment

• Complete transfer
• LL relationship to T-
•Still in privity of K
•Not in privity of estate
•LL and T1 not in privity of K
•But are in privity of estate
•Can collect from T or T1

8

o Sub-lease

•Transfer of less then the entire
•Who can the LL recover from? Tenant or transferee?
•L and T have privity of K
•L and T have privity of estate
o T has reversion of sub-tenant, still has interest in property
•L and T1 do not have Privity of K or privity of estate
•T1 and T have privity of K and estate

9

• Implied warranty of habitability

• Can use this as a defense
o Hilder v. St. Peter – When L breaches implied warranty of H, T can (1) w/hold rent, (2) repair defects and deduct from rent, (3) seek rent already paid, and (4) seek punitive dmgs.
• L will deliver over & maintain premises that are safe, clean and fit for human habitxn.
• Warranty covers all latent or patent defects to “essential facilities” vital to the use of the premises for residential purp.
• Implied Warranty cannot be waived w/ knowledge/provision
• T must show (1) notice to L w/ R-time to repair, (2) defect affected T @ time of his tenancy

10

• Implied covenant of quiet enjoyment

• Wrongful eviction would disrupt this
• Also speaks to safety and health standard
o Village Commons v. Marion Cty. Prosecutor’s Office – T not req to pay rent if L has “constructively evicted” (CE) the T. Water leaks in building, restrict use of certain parts.
• CE – an interference w/ pssxn that deprives T of the beneficial enjoymt of leased premise. Cannot use office bc of leaks.
• Actual E – T is deprived of mat. part of leased premises. L tells T to refrain from using a portion
• REMEDY: Constructive eviction
o Its as if the LL has evicted me
o Has to stop paying rent first and give LL reasonable amount of time to fix problem

11

• Ernst v. Conditt

If Assmt (A), then T1 resp. for rent; if Sub, then T still resp.
• CL – entire term of lease = assignment
• TN law – intent of parties; T gave all interests to T1, creating privity of E
o Privity of E may only exist w/ one T
o Privity of K may exist w/ multiple T’s

12

• Kendall v. Ernest Pestana

L cannot unR w/hold A/S w/o commercially R- excuse
• Factors for R- commercial denial include: financial resp, suitability for particular purpose, legality of use, req alterations, nature of occupancy
• Personal taste, convenience, and sensibility not allowed

13

a. Tenant who Defaults

i. The T in Pssxn
1. Berg v. Wiley – the only lawful means to evict T (who is holding over) is to resort to judicial process (modern trend)
a. P. Policy: to prevent altercations, violence induced by self-help
b. Don’t do self help re-entry
2. The T who has Abandoned Pssxn
a. Sommer v. Kridel – L has duty to mitigate dmgs by making R-attempt to rent the vacant apt @ fair market value