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Landlord Tenant Relationship Flashcards

(80 cards)

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1
Q

Landlord Tenant Relationship

A

LL conveys right to occupy to a tenant for a certain period of time
LL: leasor
Tenant: leasee

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2
Q

What does the LL retain?

A

Reversion

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3
Q

Why was land leased at CL?

A

leased land in order to farm

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4
Q

Chattel Real

A

lease; piece of personal property; has stick of possession

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5
Q

Types of Tenancies (4)

A

1) Tenancy for Term
2) Periodic Tenancy
3) Tenancy at Will
4) Tenancy at Sufferance

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6
Q

Tenancy for Term

A

Term for Years
Automatically ends once time lapses; LL’s reversion kicks in once term ends
ex: 12 month lease

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7
Q

Periodic Tenancy

A

Fixed term which renews automatically unless tenant or LL terminates
ex: month-to-month lease

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8
Q

Tenancy at Will

A

No definite term
Continuous until either party terminates
Not automatically renewed
Tenant must be asked to leave

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9
Q

Tenancy at Sufferance

A

“Hold over” tenant

Tenancy ends but the tenant has yet to leave

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10
Q

Statute of Frauds 1677

[CL, ML, & TX]

A

CL: lease req’d to be in writing if longer than 3 years
ML: all leases req’d to be in writing
TX: all leases longer than one year must be in writing

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11
Q

Access to Rental Market

[CL & ML]

A

CL: landlord could exclude anyone for any reason or no reason at all
ML: restricted by federal, state, and local laws

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12
Q

CL Innkeeper Rule

A

Cannot discriminate or refuse to rent

ML: access to rental market modeled after this rule

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13
Q

Federal Fair Housing Act

A

Cannot discriminate based on:

Age ,Color, Race, Religion, Sex/Gender, Family Status, National Origin, or Handicap

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14
Q

General Principle of Federal Fair Housing Act

A

Cannot discriminate based on something a person cannot change (something they are born with)

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15
Q

What things are not considered a “protected class” by the Federal Fair Housing Act?

A

Age, Non-service pets, Personal Appearance, Income, # of occupants, Smoking/Drinking, Drug Manufacturing

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16
Q

Ordinary Reader Test

A

Would an ordinary reader feel discriminated against?

Discrimination does not have to be intentional so long as an ordinary reader feels discriminated against

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17
Q

Tenant’s Right to Possession

A

Lease transfers a present possessory estate to tenant

LL has right to protect his reversion from waste

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18
Q

What happens when new tenant shows up, but the previous tenant has yet to move out?
(3)

A

1) American Rule
2) English Rule
3) Lease Terms

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19
Q

Obtaining Possession:

American Rule

A

Up to the tenant to remove unauthorized person
*Minority approach
LL duty: only to deliver legal possession

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20
Q

Obtaining Possession:

English Rule

A

LL responsible for removing unauthorized persons
*Majority approach
LL duty: to deliver actual, physical possession and legal possession

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21
Q

Obtaining Possession:

Lease Terms

A

Study lease; sometimes expressly stated in the lease who is responsible for removing unauthorized persons
State law may require residential LLs to place tenants in actual possession regardless of lease terms

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22
Q

Which rule does TX follow in regards to obtaining possession?

A

English Rule

LL’s responsible for removing unauthorized persons

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23
Q

What if possession is disrupted by 3rd party after tenant has possession?
(General Rule)

A

Tenant is responsible for removing intruders/unwanted guests

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24
Q

The Holdover Tenant

A

Tenant who remains after lease has expired

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25
LL's options in dealing with Holdover Tenant | 2
1) Evict | 2) Periodic Tenant (create another term of tenancy)
26
When the LL treats holdover tenant as periodic tenant, he must look at _______ before creating a new term of tenancy.
The duration of overstayed welcome
27
CL Condition of Premises
Lease was a conveyance - LL responsible for the condition of the premises - Tenant had DUTY to protect LL's reversion and not commit waste - Value of lease was the use of the land (farming), not the buildings on the land
28
CL LL's Duties regarding the Condition of the Premises | 2
Not to misrepresent condition | Reveal known, undiscoverable, hidden defects
29
Condition of Premises: | CL Independent Covenants
Tenant could not withhold rent b/c conditions were not met | No tender allowed
30
Condition of Premises: | ML
Implied Warranty of Habitability
31
Implied Warranty of Habitability
Property will be ready for tenant to take actual and legal possession - Primarily for residential tenancies - By court judgment - By legislation
32
Which approach does TX follow for Condition of Premises?
ML / Implied Warranty of Habitability - property fit for living at beginning and during the lease Became Duty to Remedy/Repair
33
Duty to Remedy / Repair
Diligent effort to repair or remedy a condition if NOTICE is given by the tenant and NOT delinquent in rent pmt - condition must materially affect the physical health or safety of an ordinary tenant
34
T/F | Implied Warranty of Habitability is still good law in TX.
True, but only for commercial leases | Residential leases: Duty to Remedy/Repair
35
Eminent Domain: | What if the gov't takes property a tenant is renting?
Depends on what the gov't takes - Only LL's reversion - Only part of the property - Takes it all
36
Eminent Domain: | Gov't takes only the Reversion
Tenant's rent now goes to the gov't | - Gov't becomes new LL
37
Eminent Domain: | Gov't only takes part of the property
Tenant only pays rent for the parts still rented to him
38
Eminent Domain: | Gov't takes it all
Tenant does NOT pay rent - if lease's rent is lower than market value, then the lease has value and gov't must pay compensation in order to take it
39
Possible Tenant's Remedies | 4
1) Withhold rent 2) Repair and deduct cost from rent 3) Sue for damages 4) Treat as constructive eviction and move out
40
Tenant's Remedies: | Withhold Rent
Violations must be so serious as to affect health and safety of tenant - still must pay rent but pay to the registry of the court (not the LL)
41
Tenant's Remedies: | Repair & Deduct Cost from Rent
Only if LL does not repair in a timely manner or LL tells tenant to do so
42
Tenant's Remedies: | Treat as constructive eviction and move out
LL breaches duties enough for termination of lease and tenant can move out
43
Typically, whose fault is it? LL or Tenant?
Tenant
44
Determination of Rent | 2
Free Market: agreement between LL and tenant | Rent Control: limited by the gov't
45
Use of Premises | 3
1) Silent lease 2) Lease indicates use 3) Lease restricts use
46
Use of Premises: | Silent Lease
Any legal use is permitted
47
Use of Premises: | Lease Indicates use
Precatory, suggestive | - only limitation if residential lease
48
Use of Premises: | Lease Restricts Use
Only the allowed use permitted | If expressly restricted, then restriction is effective
49
Effect of Tenant's Illegal Activities at CL
Unless expressed in a lease provision, the tenant does NOT forfeit the lease
50
Effect of Tenant's Illegal Activities at ML
Tenant forfeits lease (typically expressed in the lease)
51
Waste
Tenant has DUTY not to commit either voluntary or involuntary waste
52
What can LL get as remedy for waste? Why?
Injunction Damages Eviction LL has RIGHT to protect his reversion
53
Waste and Implied Warranty of Habitability
LL has to take care of the waste if involuntary
54
Fixture
Tenant may remove and take - No Substantial damage once removed - Tenant must repair or pay for the damage of removal
55
Improvement
Stays with the Property (not removable) ex: fence, wall know difference from fixture
56
Injuries to Persons on the Property | CL
LL not responsible
57
Exceptions to CL rule of Injuries to Persons on the Property | 7
1) Fail to disclose known, hidden defects (fraud) 2) Leased to public admission 3) ST lease of furnished dwelling 4) Breach of express covenant to repair 5) Negligence in repairs 6) Injury occurred in common area under LL's control 7) Breach of statutory duty to repair
58
Injuries to Persons on the Property | ML
Movement to adopt tort-based rule of Reasonable Care and Foreseeability
59
Injuries to Persons on the Property: | LL's duty to protect from 3rd parties
CL: no duty to protect from another's criminal act ML: was LL negligent? did LL take reasonable steps to avoid harm from 3rd party?
60
Injuries to Persons on the Property: TX
NO legal duty to protect from criminal acts of another. However, if foreseeable as a result of negligence, then LL can be liable
61
Injuries to Persons on the Property: TX Foreseeability
Requires only GENERAL DANGER be foreseeable, NOT the SPECIFIC SEQUENCE of events that will occur
62
Injuries to Persons on the Property: TX S. Ct. Evidence Factors of LL liability (5)
1) Proximity 2) Recency 3) Frequency 4) Similarity 5) Publicity
63
LL's Remedies for Tenant's Bad Behavior | 5
1) Terminate lease 2) Sue for damages 3) Retain part/all of security deposit 4) Evict 5) Lien on contents of property
64
Eviction before 1381
Force allowed so long as no serious injury or death resulted | - LL could forcibly remove tenants
65
1381 Statute of Forcible Entry
Self-help eviction allowed but req'd to be PEACEFUL Forcible entry NOT allowed - LL may not use force - Police may use force
66
Eviction ML
Heavily regulated by the state Some states prevent LL from denying services to non-paying tenants Forcible detainer prohibited, even if peaceful
67
Example of Forcible Detainer
Ex: change the locks on the apartment
68
ML TX for nonpaying Tenants
If tenant pays utilities, LL may not cut off for failure to pay rent If LL pays utilities, LL may cut off for failure to pay rent
69
Retaliatory Eviction
LL takes eviction actions to "get even" with tenant who asserts his rights - Prohibited in TX - Defense for tenants
70
TX statute regarding Retaliatory Eviction
Prohibited | - After 6 months of the date complaint is filed, the retaliatory motive is deemed to end
71
Transfers by LL
LL may transfer the reversion CL: attornment ML: no attornment; LL does not have to seek tenant's consent to convey
72
Attornment
LL required to seek tenant's consent before transfer CL concept Abolished in England 1705
73
Transfers by Tenant
LL may limit - Commonly restricted by lease - Courts typically uphold restriction but strictly construe it Trend: prevent LL from withholding consent in unreasonable manner (not TX) Trend: req LL's consent even if K is silent
74
Transfers by Tenant (TX)
Tenant may not rent to any other person without LL's consent Enacted 1983 & NEVER amended - part of TX Const.
75
Types of Transfers at CL | 2
Assignment | Sublease
76
Assignment
Tenant transfers ENTIRE interest to assignee - Substitution analogy; assignee steps into shoes of of tenant Assignee = tenant of LL now; they owe duties to one another But, tenant still liable to LL under original terms of lease unless LL executes release, not mere consent
77
Who does the Assignee pay?
LL directly
78
Sublease
Tenant transfers LESS THAN the entire interest to subtenant - Subinfeudation analogy Subtenants duties = to the tenant, not LL LL duties = to tenant, not subtenant
79
Who does the subtenant pay rent to?
Tenant, who then pays LL (could continue on forever)
80
Transfers at ML
Treat all lease transfers as ASSIGNMENTS

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