Landlort - Tenant Flashcards
(26 cards)
Tenancy for years/term of years/estate for years
Lease of fixed determinable period.
No notice required for termination
> 1 year subject to SOF
Periodic tenancy
Successive or continuous intervals
Notice required to termination. Must be at least equal to length of period w/ natural lease period.
Express or implied: implied if: no duration specified but payment required at specific intervals; oral agreement of terms of years with payment at specific intervals; or if L elects to holdover T who wrongfully stays.
Tenancy at will
No fixed period of duration.
Can terminate at any time.
NC follows the maj. rule that a tenancy at will can be terminated by either the L or T w/out advance notice
Tenancy at sufferance
T wrongfully holds over expiration of lease.
Tenant duty to 3rd party
Keep premises in good repair; liability for injuries sustained by invitees, even if L promised to repair.
Tenant duty to repair
Maintain premises and make ordinary repairs.
No waste.
Fixtures: pass w/ ownership of land unless: private agreement or T can remove w/out causing substantial harm to premises.
Loss: CL T liable for any loss, including force of nature.
Modern: if loss w/out fault of T, T may terminate lease
T duty to pay rent
CL: duty independent of L’s obligations. Mod: duty dependent on L’s covenants under the lease.
Breach when T on property: commercial Ts may be held for new year to year lease if original was > 1 year.
Residential Ts may be held to new month to month lease, regardless of original term. Rent = new rent if L advised T before term of old lease or old rent if L advised T after term.
Breach when T out of possession: SIR
Surrender (L treats as ending of leasehold, but if > 1 year left, writign may be req’d;
Ignore: hold T responsible for rent unpaid
Re-let: hold T liable for deficiency but L must diligently try to re-let.
Landlord duty to deliver possession
Majority/English rule: Put T in physical possession; if former T on premises, L is liable for damages.
Minority (American rule) put T in legal possession; if former T on premises it’s T’s issue.
Implied covenant of quiet enjoyment
Breached by total/partial actual or constructive eviction.
Total eviction: L excludes T from entire premises; or actual continual refusal to repair material damges that prevent habitability (terminates T’s obligation to pay rent.
Partial eviction:3rd party retakes and physically excludes T from portion of leased premises (rent proportionally reduced.
Constructive eviction
SING
Substantial
Interference (chronic problem fundamentally incompatible w/ quiet enjoyment;
Notice (T notifies L who fails to respond;
Get out: T must vacate w/ in reasonable time
Landlord duties to other Ts:
L not responsible for actions of other Ts, except cannot permit nuisances and must control/police common areas.
Landlord duties for torts
CLAPS
Common areas (must maintain);
Latent defect (warn of those he should be aware of)
Assumption of repairs (if you say you’ll fix, fix w/ reasonable care)
Public Use Rule (defects if leasing public space);
Short term lease of furnished apartment (liable for any defects causing harm)
Implied warranty of habitability
Residential only
Fit for basic human habitation as determined by housing code or judicial conclusion.
Breach: M+3Rs
Move out and terminate
Repari and deduct
Reduce rent or withhold until ct determines fair market value but put $ in escrow;
Remain and sue (pay rent and get damages)
Tenant for for assignment/subletting
Tenant power: T only has ability to assign or sublease the interest he has. If extended, the sublease for that extra time would be invalid and the subletter/assignee could be ejected.
Assignments
Transfer entirety.
L and T2 are in privity of estate but not privity of K.
L and T1 are not in privity of estate but privity of K.
T2 is primarily responsible and T1 is secondarily resonsible.
Sublease
Only portion of interest is transferred. L and T2 are not in privity of estate or K. T1 and T2 are responsible to each other.
In NC: unless otherwise agreed; can be sublet. SOF applies, sublesee can’t exercise option to renew. L can deny subletting based on subjective considerations.
NC leases subject to SOF
In NC all leases exceeding 3 years and any lease for purpose of mining minerals subject to SOF.
Writing
Signed by the party to be charged
Essential terms: names, description of property, term of the lease, rent or other consideration
When T takes possession of premises under lease purporting to create a tenancy for years but violates SOF it is invalid, if L accepts payment of rent, a periodic tenancy is created and the period is determined by the interval between rental payments.
Even if a lease is required to be in writing, it can be orally rescinded by agreement of both parties.
Termination of periodic tenancy
Oral or written notice required:
Year to year: one month
Month to month: one week
Week to week: 2 days
Manufactured home 60 days
NC T duty to pay rent
NC: unless otherwise agreed, if T fails to pay 10 days after L has demanded all past due rent, a forfeiture of the lease is implied.
L must mitigate damages; mitigation can be waived for commercial lease.
If T stays in possession after expiration of lease and L accepts rent: if the original term was 1 year or more, a rebutable presumption is created that the new tenancy is for 1 year.
If original term was less than 1 year, then the new term is set by the interval between rental payments.
NC summary ejectment
If T stays in possession after expiration of lease and L doesn’t accept rent: L can use summary ejectment proceedings.
Streamlined procedure where a court clerk issues a summons requiring the T to appear w/in 7 days
Remedy is limited to unpaid rent and damages of not more that $10,000
T can appeal to district court after paying clerk any past due rent
Residential Rental Agreement Act
Governs rental agreements in NC: applies to residential rental agreements, but not dwellings provided free of charge, vacation rentals, or transient occupancy hotel, motel, or similar lodging. Long term may be an exception.
L must: comply w/ building/housing code; keep common areas safe; provide smoke/carbon monoxide detectors, repair imminently dangerous conditions
T must: dispose of trash properly, keep premises clean and safe; keep plumbing fixtures clean.
T can enforce through civil action for breach or negligence
Remedies: rent abatement up to amount actually paid; special and consequential damages; punitive damages, if L breach constitutes or is accompanied by tort.
Vacation Rental Act
Vacation rentals fewer than 90 days
Rental agreement must be in writing and accepted by T by: signing agreement, paying money to L or broker after receiving agreement; or take possession of the property after receiving a copy of the agreement.
Must give T 4 hours notice to quit
Notice can be oral
Eviction proceedings must be held between 12-48 hours after notice of filing of proceeding.
Emergency evacuation of property: if L offered insurance, he does not have to refund rent.
Retaliatory eviction
L cant evict T for protected event
T can raise as defense in summary ejectment
Can’t be waived by T
L can argue: t evicted for failure to pay rent or breach of lease; T held over; T engaged in negligent conduct; Compliance with RRAA might require displacing T’s household; L is acting in GF and delivered notice of eviction before occurrence of protected activity; L seeking to use unit as own abode or make major alterations that will take unit off maret for at least 6 months.
Landlord fraud
T can sue for fraud: lying about prior T dying/serious illness; convicted of a crime that requires registration; persons nearby being convicted of crime that requires registration.
