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Flashcards in Leasehold Estates Deck (53)
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1

What is a leasehold estate?

an estate in land, under which T has a PRESENT POSSESSORY interest in the leased premises and LL has a future interest (reversion)

2

What are the different types of leasehold estates?

Tenancy for Years, Periodic Tenancy, Tenancy at Will, Tenancy at Sufferance

3

What is a tenancy for years?

tenancy that lasts for some fixed period of time (to T for 10 years); writing is required under SOF if lease is for more than 1 year

4

How is a tenancy for years terminated?

ends automatically at termination date (without either party giving notice); LL reserves right of entry (and terminate) if T breaches lease covenants; LL may term if T fails to pay rent; T may surrender if LL accepts (surrender must be in writing if unexpired term exceeds year)

5

What is a periodic tenancy?

tenancy for some fixed period of time that continues for succeeding periods until either party gives notice of termination

6

What is an example of periodic tenancy

month to month; rent payable on first day of each month

7

How is a periodic tenancy created?

1. express agreement (for month to month; 2. implication (rent payable monthly); or 3. operation of law (T remains in possession after lease expires and L treats as per. ten)

8

How is a periodic tenancy terminated?

automatically renewed until proper notice of termination is given (usually, one full period in advance; for year, just 6 mo.)

9

What is a tenancy at will?

tenancy of no stated duration that lasts as long as both parties desire

10

How is a tenancy at will created?

express agreement that gives power of term. at any time to parties; without this agreement, ct will treat as periodic ten. (for the pleasure, as many years as T desires)

11

How is a tenancy at will terminated?

notice and reasonable time to quite are required (in most states) or operation of law (death, waste)

12

What is a tenancy at sufferance?

tenant wrongfully holds over after termination of tenancy (T's lease expires, T continues to occupy premises)

13

How is tenancy at sufferance terminated?

when LL evicts T or elects to hold T over for another term (no notice of termination is required)

14

What is the hold-over doctrine?

When a T remains in possession after right of possession ends

15

What can a LL do under the hold-over doctrine?

1. evict T; 2. bind T to new periodic tenancy (res. vs. comm). If LL notifies T before lease expires of increased rent, T acquiesces to new terms when holds over - even if they objected)

16

What are the exceptions to hold-over doctrine?

1. T only remains in possession for a few hours and leaves few articles of property; 2. delay is not T's fault (illness); or (3) seasonal lease -- in these cases, LL cannot bind T to new tenancy

17

What is a lease?

K that governs LL-T relationship

18

What are a T's duties under lease?

1. duty to repair 2. duty not to sue premises for illegal purpose; 3. duty to pay rent

19

What does T's duty to repair include?

T cannot damage (commit waste) the leased premises.

20

What are the three types of waste a T cannot commit?

1. voluntary (affirmative) - T intentionally or neg. damages premises or exploits minerals; 2. permissive - T fails to take reasonable steps to protect prop. (liable for ordinary repairs, excluding wear and tear), T needs t to report other repairs to LL; 3. ameliorative - T alters property and increases value

21

What if the leased premises are destroyed without fault of T or LL?

neither party has a duty to restore (unless K says otherwise) but T has a duty to cont. paying rent (generally has option to term. lease)

22

If a residential T covenants to repair, is the LL still obligated to make repairs?

yes, generally under nonwaivable implied warrant of habit. (except for damages caused by T). But this is not the case in non-residential leases (cov. to repair is enf.)

23

Can the LL terminate lease if T engages in occasional unlawful conduct?

No

24

Can LL retain security deposit beyond damages actually suffered?

No - but can retain it if a 'bonus" after T is evicted

25

What happens when T conveys (surrenders) leasehold interest back to LL?

duty to pay rent ends

26

What remedies does a LL have when T fails to pay rent (and stays)?

Can sue for rent or evict (unlawful detainer - authority)

27

What remedies does LL have if T abandons?

1. surrender (treat abandonment as T's surrender and accept, releasing T from lease; 2. ignore (minority) and hold T liable for rent; 3. re-let (majority) lease premises to new T and hold breaching T liable for any losses

28

Can LL engage in self-help?

No (cannot forcibly remove T, change locks, remove property, etc.)

29

What are the LL duties?

1. deliver actual possession to T (LL in breach if not evicted a hold-over T); 2. must not interfere w/ T's quiet enjoyment; 3. must uphold warranty of habitability (nonwaivable); 4. cannot evict in retaliation; 5. cannot discriminate

30

What is the implied covenant of quiet enjoyment?

implied in every lease - cannot interfere w/ T's quiet enjoyment and possession of premises