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Flashcards in Landlord/ tenant law Deck (104)
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1

what are the 4 leasehold or nonfreehold estates

1) tenancy for years (term of years)
2) periodic tenancy
3) tenancy at will
4) tenancy at sufferance

2

what is tenancy for years (term of years) and how do you know it exists

a lease for a fixed period
- know the termination from start b/c the term of years

3

is there notice required for termination of tenancy for years or term of years

NO. no notice required to terminate

4

if a term of lease is greater than 1 year what must happen

MUST BE IN WRITING b/c SOF

5

what is the periodic tenancy

lease which continues for successive intervals until L or T give proper notice to terminate

6

can the periodic tenancy created expressly

yes.
ex: L conveys to T for month-month, week-week, or year-year

7

what are the 3 ways which periodic tenancy can arise by IMPLICATION

1) land is leased with NO MENTION of duration, but provision is made for PAYMENT AT SET INTERVALS
2) an ORAL term of years in violation of SOF creates an implied periodic tenancy
3) HOLDER: in a residential lease, if L elects to hold over a T who has wrongfully stayed on past of the conclusion of the lease

8

what if an oral term of years lease is in violation of SOF

creates an implied periodic tenancy that is measured by the way rent is tendered

9

how must you terminate a periodic tenancy

WRITTEN NOTICE usually must be given

10

how much notice is needed to terminate a periodic tenancy

at least EQUAL to length of a period itself
x/c otherwise agreed.

11

thus in a month-month periodic tenancy when must notice to terminate be given

1 month

12

what is the x/c for when notice must be given to periodic tenancy

if tenancy is from year-year or greater, 6 months

13

in IL how much notice must be given for periodic tenancy to terminate

60 days

14

when MUST the periodic tenancy end

at the conclusion of a natural lease period

15

what is a TENANCY AT WILL

tenancy for NO FIXED DURATION

16

unless the parties otherwise agree to a tenancy at will, the payment of a regular payment will cause the courts to do what

to treat as an implied periodic tenancy

17

how may the tenancy at will be terminated

by either party at any time BUT reasonably demand to vacate usually needed

18

how is a TENANCY AT SUFFERANCE created

when T WRONGFULLY HELD OVER past expiration date.
- allowed to give L right to collect rent

19

how long does the tenancy at sufferance last

only until L either
1) evicts T OR
2) holds T to new tenancy

20

what are the 3 tenants duties

1) T's liability to 3rd parties
2) T's duty to repair
3) T's duty to pay rent

21

T's liability to 3rd party

T is responsible for keeping premises in good repair.

22

when is T liable to 3rd party injuries

when T invited 3rd party even where L promised to make all repairs
(invitee)

23

T's duty to repair when lease is silent

T must maintain the premises and make ROUTINE REPAIRS BUT NOT
x/c: ordinary ware and tare

24

does T have a duty to make ordinary ware and tare repairs

NO

25

what are the 3 wastes T must not commit

1) voluntary: willful destruction
2) permissive waste: neglect
3) ameliorative: changes that improve or increase value

26

how are fixtures tested on the exam

under doctrine of waste

27

what happens if a T removes a fixture

commits voluntary waste

28

how to determine a fixture

once movable chattel that, by virtue of its annexation to realty
1) objectively shows intent to permanently improve realty

29

common examples of fixtures

1) heating systems
2) custom storm windows
3) furnace
4) some lighting installments

30

can T remove a fixture if she installed it

NO
T MUST NOT remove a fixture, no matter that she installed it