Leasehold Estates Flashcards
(23 cards)
Periodic Tenancy
- No ending point, renewed for successive periods
- Either party can give notice
- Inferred if reoccurring payments exist without writing
Term of Years Tenancy
- Identified by fixed duration agreed upon in advance
- Ends automatically when term ends
- Statute of fraud applies
- Can result in holdover
Tenancy at Will
- No fixed ending point, continues as long as desired, created by implication
- No agreement on term or payments
- Death ends tenancy
- Tenant holds over and no new terms are agreed upon
Tenancy at Sufferance
- Hold over after lease term has ended, has a right to notice of eviction and is not merely a trespasser
- Landlord has 2 options: (1) evict or (2) renew lease terms
Leasehold Estates
- Nonfreehold estates
- Landlord transfers exclusive right to possession of the premises to the tenant and retains a future interest (usually a reversion)
Civil Rights Act
Prevents racial discrimination in rental and sale, excludes advertising and services
Federal Fair Housing Act
Protects RCRSFND, in advertising, sale, rental, services
Constructive Eviction
Landlords material act or omission substantially interferes with tenants use and enjoyment - functional equivalent of eviction, tenant abandons
Implied Warranty of Habitability
Landlord has a duty to keep premises for for human habitation - must have notice of defect and reasonable time to repair
Privity of Contract
Tenant pays rent, landlord owes implied warranty of habitability
Privity of Estate
Tenant pays rent, landlord owes implied covenant of quiet enjoyment
Assignment
Tenant assigns rights to third party for the entire remaining period of lease - Privity of contract exists between tenant and landlord, and between assignee and tenant. Privity of estate exists only between assignee and landlord
Sublease
Tenant transfers rights to third party for less than remaining lease term - Privity of contract between tenant and landlord, as well as sublessee and tenant, Privity of estate between sublessee and tenant, and tenant and landlord
Commercial Consent Clauses
Sole discretion clause (majority), commercial reasonableness clause (minority), silent consent clause
Commercial Reasonableness Clause
NANOFRATMLS: Need for alteration, nature of occupancy, financial responsibility, appropriate tenant mix, legality of use, suitability of use
Abandonment
Tenant leaves premises showing an intent not to return, stops paying rent - seen as an offer to terminate the lease
Landlord can sue for all rent, terminate lease, or mitigate damages and sue for lost rent (duty to mitigate)
Mitigate requires reasonable effort to relet and returning unit to inventory
Eviction
Landlord must have good-faith to evict. Landlord can evict by judicial process only when a tenant has not abandoned UNLESS self-help eviction available where landlord is legally entitled to possession and landlord enters peaceably
Good Faith Eviction
SHOT FONTP SD GC: health and safety of other tenants, failure or neglect to pay rent, substantial damage to the premises, other good cause
Retaliatory Eviction
6MC, BS | TCTGA TCTLMP JTA: presumed if eviction occurs within 6 months after tenant has complained where tenant has complained to a government agency, to the landlord concerning maintenance of the premises, or IOWA joined a tenants association
BURDEN SHIFTING defendant must prove nonretalitory reason for eviction, if he does plaintiff must prove material facts disputed
Remedies for Tenant - Implied Warranty Breach
Pay rent and sue for rent reimbursement, withhold rent motivating landlord to fix problem, repair and deduct from rent
Damages
Special Damages - injuries caused by breach
General Damages - rent abatement or reimbursement - percent diminution: fair rental value less percentage use and enjoyment decreased by breach
Physical Possession - Delivery
English Rule - must deliver actual possession or it is a breach
Legal Right to Possession - Delivery
American Rule - covenants possession will not be withheld
