Landlord Tenant Law Flashcards
what is a leasehold
what are the 4 leasehold estates
an estate in land under which the tenant has a present possessory interest in the leased premises and the landlord has a future interest (reversion)
tenancy for years
periodic tenancy
tenancy at will
tenancy at sufferance
Explain the distinguishing features of a tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance
- definition / distinguishing features
- how is it created
- how to terminate it
AND
how to terminate almost all of these by statute/CL
TENANCY FOR YEARS
DEFINITION: tenancy that lasts for some fixed, determined, period of time
CREATION: “to T for 10 years” in writing if the term is greater than one year [SoF]
TERMINATION:
(1) at the end of the stated period without either party giving notice
(2) T surrenders the tenancy and the LL accepts
— surrender must be in writing if the unexpired term exceeds one year
PERIODIC TENANCY
DEFINITION: tenancy for some fixed period that continues/renews for succeeding periods/intervals until either party gives notice of termination
CREATION:
(1) express –
“to T from month to month” or “To T, with rent payable on the first day of every month”
(2) by implication / operation of law –
[a] land is leased with no mention of duration, but provision is made for the payment of rent at set intervals
[b] oral term of years in violation of SoF creates an implied periodic tenancy, measured the way rent is tendered
[c] in a residential lease, if a LL elects to hold over a T who has wrongfully stayed on past the conclusion of the original lease, an implied periodic tenancy arises measured by the way rent is tendered:
[“L elects to bind hold-over T for an additional term”]
TERMINATION: by notice from one party at lease equal to the length of the time period [one month for month-to-month] UNLESS exception applies:
Exception #1: only one month’s notice, or 6 months at common law, is required to terminate a year-to-year tenancy
Exception #2: by private agreement, the parties lengthened or shortened the notice period
TENANCY AT WILL
DEFINITION: Tenancy of no stated duration that lasts as long as both parties desire
CREATION: express agreement that the lease can be terminated at any time
[if they don’[t make an agreement, courts will see the payment of rent to be an implied periodic tenancy]
EX: “To T for and during the pleasure of L”
TERMINATION:
(1) when either L or T displays an intention that the tenancy should come to an end
OR
(2) by operation of law [ex: death of a party, or attempt to transfer interest, commission of waste]
OR
(3) [MODERN DAY] notice and reasonable time to vacate are usually required
NOTE - even when the language only gives L the right to terminate, either L or T may terminate; BUT if the language gives only T the right to terminate, it won’t automatically give L right to terminate
TENANCY AT SUFFERANCE
DEFINITION: Tenant wrongfully holds over after termination of the tenancy and we let L have this tenancy so she can recover rent
CREATION: T’s lease expires but T continues to occupy the premises
TERMINATION: when L evicts T OR holds T to another term; no notice of termination required
TERMINATION BY STATUTE:
- failure to pay rent is usually a way the LL can terminate the lease, even in the absence of right of entry
TERMINATION BY COMMON LAW:
In most leases, LL reserves a right of entry which allows them to terminate the lease if the T breaches any of the lease’s covenants
in most leases, what do landlords possess as future interest?
right of entry - allows them to terminate the lease if the T breaches a covenant of the lease
explain the hold-over doctrine:
(1) what is it
(2) what can LL do
(3) what tenancy is created and how is it created
(4) what covenants are in the new tenancy
what happens specifically for residential and commercial tenants?
IN GENERAL:
Holdover doctrine says that if a T continues in possession after their right to possession has ended, the LL may:
(1) evict the T
OR
(2) bind the T to a new periodic tenancy
New periodic tenancy length depends on how rent was computed [monthly rent = monthly periodic tenancy] but maximum tenancy = year to year tenancy
New lease terms = covenants in the original lease [unless increased rent on residential and LL notifies T before lease expires and T holds over, see below]
-
COMMERCIAL TENANTS
- Usually may be held to a new year to year periodic tenancy if og lease term was for one year or more
- If og term was less than one year, new tenancy is typically month-to-month
-
RESIDENTIAL TENANCY
- Generally held to a new month-to-month tenancy regardless of the original term
- if LL notifies T before the lease expires, that occupancy after termination will be an increased rent, the T, by holding over, is held to have acquiesced to the new terms [even if she objects .. holding over = assent]
what is a lease?
a K that governs the L-T relationship
explain the idea behind “dependence of lease covenants”
today, the LL can terminate the lease for breach of rent covenant and T can terminate when L breaches a different covenant - i.e. you can terminate upon breach, rather than asking for damages and persisting with the L-T relationship
Note common law rule: covenants were independent such that breach of one covenant meant the other party could pay damages and the lease and relationship were not terminated
what are options to purchase?
how do you exercise it?
how do you enforce it?
WHAT IT IS
An option to purchase real property is a separate contract supported by consid- eration that is a continuing offer to sell the land at a specified price.
sometimes attached to leases
As long as the option is contained within the lease itself, the consideration for the lease supports the option.
Because it is an interest in land, an option must be evidenced by a signed writing to satisfy the Statute of Frauds.
HOW TO EXERCISE OPTION
LENGTH OF OPTION: Absent a contrary provision, the option lasts as long as the lease.
METHOD OF EXERCISE: determined by the agreement.
WHAT HAPPENS TO CONSIDERATION: party granting the option may keep the consideration regardless of whether the option is exercised; the consideration is for the continuing offer, and not money for the purchase.
ENFORCEMENT:
RAP? NO - Although the Rule Against Perpetuities applies to options, there is an exception for options attached to leases; so an option to purchase in a lease is enforceable even if it would otherwise violate the Rule.
REMEDY: The usual remedy for enforcement of an option to purchase is specific performance, but damages are also available.
