Flashcards in LANDLORD/TENANT LAW Deck (75):
What Are The Four Leasehold or Non-freehold Estates?
1. The Tenancy For Years
2. The Periodic tenancy
3. The tenancy at will
4. The tenancy at sufferance
What is the tenancy for years?
It is a lease for a fixed period of time.
When you know the termination date you have a...?
term of years
What notice is needed to end a term of years/tenancy?
No notice is needed. The lease will on the termination date.
When does a term of years lease need to be in writing?
When the lease is for a term of greater than 1 year. Otherwise it is unenforceable.
What is a periodic tenancy?
A lease which continues for successive intervals until landlord or tenant give proper notice to terminate.
How can the periodic tenancy be created?
Expressly, by writing or impliedly.
What are the three ways that a periodic tenancy can be created impliedly?
1. Land is leased with no mention of duration, but provision is made for the payment of rent at set intervals.
2. An oral term of years in violation of the statute of frauds creates a periodic tenancy.
3. The holdover in a residential lease an implied periodic tenancy arises measured by the way rent is now tendered.
T rents an apartment from L, beginning June 1.
Nothing is said about duration. T pays rent each month. What tenancy exists here?
T is an implied month to month periodic tenant.
L and T negotiate on the telephone for a commercial lease. They orally agree on a five-year lease with rent at $1,000 a month. What is this?
Nothing, it doesn't satisfy the statute of frauds. Agreement for more than 1 year lease.
L and T negotiate on the telephone for a commercial lease. They orally agree on a five-year lease with rent at $1,000 a month.
What if T sends L a check for $1,000 and L accepts it?
T’s first rental payment renders his interest an implied periodic tenancy with the intervals based on the way rent in tendered.
T holds over after the expiration of her one-year lease, but sends another month’s rent check to L, who cashes it. What tenancy now exists?
An implied month to month tenancy.
How do you terminate a periodic tenancy?
Notice, usually written must be given.
How much notice must be given to end a periodic tenancy, at common law?
For month to month?
Week to week?
Year to year or greater?
for year to year or greater you need 6 months written notice.
At what point does a periodic tenancy need to end?
At the conclusion of a natural lease period. ie at the end of the month. However they can agree to another end by contract.
What is a tenancy at will?
A tenancy for no fixed duration.
How can an intended tenancy at will become a periodic tenancy?
Unless the parties expressly agree to a tenancy at will, the payment of regular rent will cause a court to treat this as an implied periodic tenancy.
When and who can terminate a tenancy at will?
By either party at any time. But a reasonable demand to vacate is usually needed.
What is this? "To T for as long as L or T desires"
A tenancy at will
How is a Tenancy at Sufferance created?
It is created when T has wrongfully held over past the expiration of the lease. We give this wrongdoer a leasehold estate, to permit L to cover rent.
When does the tenancy at sufferance end?
The tenancy at sufferance lasts only until L either evicts T or decides to hold T to a new tenancy.
What is created when T has wrongfully held over past the expiration of the lease?
A tenancy at sufferance.
Paging Doctor Faggot
Phil Amos J.D.
What are the tenant's duties?
1. T is liable to 3rd parties.
2. T has a duty to repair.
3. T has a duty to pay rent.
T's Liability to 3rd parties, what does the T need to do?
T is liable to 3rd parties. T must keep the premises in good repair.
Is T liable for injuries sustained by third parties even where the landlord promises to make all repairs?
Yes. T is liable for injuries sustained by third parties even where the landlord promises to make all repairs.
L leases a building to T, expressly promising to maintain the premises in a state of good repair. T’s invitee trips over a loose floorboard and sues T. If invitee sues T, what result?
T loses, he is liable. The plaintiff who is a guest wins against T. (although T might sue L for indemnification)
What is the Tenant's Duty to repair when the lease is silent?
T must maintain the premises and make ordinary repairs.
T must not commit waste
Law of Fixtures
When a tenant removes a fixture she commits voluntary waste
What is a fixture?
A fixture is a once movable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve blackacre. (common examples: a furnace, heating system, storm windows, certain lighting installations)
Can a T remove a fixture?
No, not even if she installed it. Fixtures pass with the ownership of the land. However, a fixture may be removed if the tenant removes it before the expiration of the lease term, and causes no substantial harm (or repairs any damage)
What are the 2 ways you can you tell if something qualifies as a fixture?
1. If there is an express agreement.
2. If removing the fixture would cause substantial damage then in objective judgment T has shown an intent to install a fixture.
What is T's duty to repair when when T has expressly covenanted in the lease to maintain the property in good condition for the duration of the lease at common law?
T was liable for any loss to the property including loss due to force of nature.
What is T's duty to repair when when T has expressly covenanted in the lease to maintain the property in good condition for the duration of the lease under modern law?
T may terminate the lease if the premises are destroyed without T's fault (natural disaster etc)
What happens if T breaches his duty to pay rent while he is in possession of the premises? What are T's 2 available actions?
The landlord’s only options are to
1) evict though the courts or
2) continue the relationship and sue for rent due.
If the landlord moves to evict, she is nonetheless entitled to rent form the tenant until the tenant, who is now a tenant at sufferance vacates.
What can the landlord not do to get a tenant out?
They must not engage in self help such as changing the locks, forcibly removing the tenant or removing any of the tenant's possessions.
How can you punish acts of self help?
Punishable Civily and Criminally
What can a landlord do if the tenant breaches his duty to pay rent but is out of possession? (For example, T wrongfully vacates with time left on a term of years lease.)
1. Surrender. treat abandonment as offer of surrender
2. Ignore the abandonment and hold T responsible for the unpaid rent, just as if T were still there. This option is available only in a minority of states.
3. Re-let.the premises on the wrongdoer tenant's behalf and hold him or her liable for any deficiency.
-Majority rule-> L must at least try to re-let
What is a surrender?
An offer of surrender is when the tenant shows that she wants to give up the lease. If over one year is left on the lease the surrender must be written to satisfy the SoF
What are the landlord's duties?
1) Duty to deliver possession
2) The implied covenant of quiet enjoyment
3) The implied warranty of habitability
4) 4) Retaliatory eviction: If T lawfully reports L for housing code violations, L is barred from penalizing T.
What is the majority rule for L's duty to deliver possession?
The majority rule requires that L put T in physical possession of the premises. Thus, if at the start of T’s lease a prior holdover T is still in possession, L has breached and the new T gets damages.
This is the English rule
What is the minority rule for L's duty to deliver possession?
Minority view (american)- requires that L give legal posession but not physical possession.
What kind of leases does the implied covenant of quiet enjoyment apply to?
Both residential and commercial leases.
What is the covenant of quiet enjoyment?
T has the right to quiet enjoyment of the premises without interference form P.
In what ways can the landlord breach the implied covenant of quiet enjoyment?
1. Breach by actual wrongful eviction. This happens when L wrongfully evicts T from the premises.
2. Breach by constructive eviction.
What are the three elements of constructive conviction?
SiNG all elements must be met.
1. Substantial interference- due to L's actions or failures. substancial doesnt have to mean permanent.
2. Notice- must tell L of the problem and L must fail to fix it.
3. Goodbye: T must vacate within a reasonable time after L fails to correct the problem.
Is the landlord responsible for the acts of other tenants generally?
What are the exceptions when the landlord is responsible for the acts of other tenants?
1. L must not permit a nuisance on site.
2. L must control common areas
What kind of premises does the implied warranty of habitability apply to?
Only residential leases.
What is the most special feature of the implied warranty of habitability?
It is non-waivable.
What is the standard for the implied warranty of habitability?
The premisses must be fit for basic human dwelling
The implied warranty of habitability's standard can be provided by what?
Housing code or case law.
What are some problems to trigger breach of the implied warranty of habitability?
No heat in winter, no plumbing, no running water, infirmities incompatible with basic human needs, not looking for niceties.
What are T’s entitlements when the implied warranty of habitability is breached?
MR3 Move Repair Reduce Remain
Move: move out and end the lease. BUT T DOENS'T HAVE TO.
Repair and deduct: allowable by statute in a growing number of jurisdictions. T may make the reasonable repairs and deduct their cost from future rent.
Reduce Rent: or withhold all rent until the court determines fair rental value. Typically, T must place withheld in escrow to show her good faith.
Remain in possession: pay rent and affirmatively seek money damages.
What is the doctrine of retaliatory eviction?
If T lawfully reports L for housing code violations, L is barred from penalizing T, by, for example, raising rent.
What is an assignment of a lease?
In the absence of some prohibition in the lease, a T may freely transfer his or her interest in whole thereby accomplishing an assignment.
What is a sublease?
In the absence of some prohibition in the lease, a T may freely transfer his or her interest in part thereby creating a sublease.
In the lease can L prohibit T from assigning or subletting?
Yes, but it is limited having L give prior written consent.
What happens once L consents to one assignment or sublease by T?
L waives the right to object to future transfers by that T unless L reserves that right in the lease.
T1 has 10 months remaining on a two-year term of years. T1 transfers all 10 months to T2. This is an?
In an assignment are the second tenant and the L in privity of estate? What does that mean?
Yes, This means that L and T2 are liable to each other for all of the covenants in the original lease that run with the land including promise to pay rent, paint and repair etc.
In an assignment are the second tenant and the L in privity of contract?
No. Unless T2 assumes all promises in the original lease.
After an assignment are L and T1 in privity of estate?
After an assignment are L and T1 in privity of contract?
Yes, thus L and T1 are secondarily liable to each other.
L leases Blackacre to T1. T1 assigns to T2. T2 assigns to T3. T3 then engages in flagrant abuse to the premises.
1. Can L proceed against T3, the direct wrongdoer?
2. Can L proceed against T1, the original tenant?
3. Can L proceed against T2?
1. Yes, L wins, L and T 3 are in privity of estate.
2. Yes, under privity of contract T1 is secondarily liabale to L
3. No, privity of estate ended when T2 assigned to T3. No privity of contract unless they say T2 assumes all responsibility of the original lease.
Are L and a sublesee in privity of estate?
Are L and a sublesee in privity of contract?
Who is the sublesee liable to?
T1 is liable to T2 and vice versa. sublessor fully remains fully connected to L in contract and estate.
The common law of caveat lessee: What does that mean?
In tort L had no duty to make the premises safe. subject to five exceptions.
What are the five most important exceptions to the common law of caveat lessee?
1. Common areas
2. Latent defects rule
3. Assumption of repairs
4. Public use rule
5. Short term lease of furnished dwelling.
Common areas, exception to common law of caveat lessee. What does L have to do?
L must maintain all common areas, hallways and stairwells.
Latent Defects rule, exception to common law of caveat lessee. What does L have to do?
L must warn T of hidden defects that L knows about or should know about. Merely a duty to warn.
Assumption of repairs, exception to common law of caveat lessee. What does L have to do?
If landlord voluntarily makes repairs negligently, he is liable!
Public use rule, exception to common law of caveat lessee. What does L have to do?
L who leases public space (such as a hall or museum), and who should know, because of the nature of the defect and the length of the lease that T will not repair, is liable for any defects on the premises.