Landlord/Tenant Law Flashcards
Term of Years
- fixed duration
- SOF(writing) not required if less than one year
- notice of termination not required
lease ends at end of tenancy unless 1) parties agree to end lease early or 2) material breach
Periodic Tenancy
default tenancy)
-specific duration
-continues in successive intervals unless L or T notice to terminate
-SOF doesnt apply unless its for more than a year.
Common Law
Periodic Tenancy
measured notice to terminate by the length of period w/ exception of a year to year tenancy, (6 months notice required)
(commercial leases are subject to common law)
Modern Law
Periodic Tenancy
any residential tenancy lasts a month of longer requires only 30 days notice to terminate,
commercial: subject to common law
Tenancy at Will
-expressly created
- no specifc term
- continues until someone terminates
- (common law)= termination w/o notice OK
- (modern law) = requires advance notice or implied(death, assignment, transfer of lease)
Tenancy at Sufferance
(Holdover Tenant)
when tenant remains in posession w/o permission after lease ends
landlord can
1) accept new lease (periodic tenancy) established by rent
2) evict the tenant and claim damages using eviction proceedings
Tenancy at Sufferance
(exceptions)
1)holdover time was short
2)tenant is not at fault for creating circumstances leading to the holdover.
Duties of Landlord
- deliver posession (actual and legal posession)
- quiet enjoyment
- implied warranty of habitability
- duty to mitigagte
Landlord Duties
Deliver Posession
must deliver legal and actual posession
- minority JX require landlord to deliver only legal right of poession
if violated
1) t can terminate lease and seek damages
2) enforce lease and seek relief
Landlord’s Duties
covenant of quite enjoyment
landlord or rep cannot interfere w/ tenant’s right of posession.
if T is improperly evicted (actively or contructively) then tenant may terminate the lease and seek damages
Landlord Duties
implied warranty of habitability
L must provide and maintain premises fit for human habitation in residential leases.
after T gives notice of substantial defect, and landlord fails to repair within reasonable time,
1) T can terminate lease
2) remain in posession and withhold rent
3) repair and deduct the cost from future rent
Landlord Duties
Duty to Mitigate
L must take reasonable steps to attempt to relet the premise, if not tenant remains liable for any past due rent and fifference b/w rent obligation and amt of rent that new renter is paying .
providing that reletting was done in good faith
Tenant Duties
- pay rent
- repair (residential)
- not commit waste
Tenant Duties
Pay Rent
like the card says. if T surrenders presmises and L accepts, T is relieved of future obligations. failure to pay rent, L may evict or sue for rent.
abandonment: L may take posession and accept abandonment
Surrender: if L retakes posession, this can be acceptance of T’s surrender, relieving theme of future rent obligatins.
reentering the premises to make repairs, accepting keys from tenant may not be sufficient to constitute tenant surrender. if no acceptance T must still pay rent.
Tenant Duties
Repair (residential lease)
T must make ordinary, minor repairs of damage caused by T (intentional or negligenty) and other repairs agreed upon by parties
