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Real Property II > Leasehold Estates > Flashcards

Leasehold Estates Flashcards

1
Q

What are the different leasehold estates? (FAT PAT)

A

For years, At Will, Periodic, and At Sufferance.

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2
Q

What is a term of years?

A

A lease for a fixed period. Anything greater than a year must satisfy SOF.

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3
Q

TENANTS DUTIES - Abandonment of premises by tenant: If tenant wrongfully vacates with time on lease and without paying rent, LL may … (“SIR”)

A

(1) SURRENDER - treat tenant’s abandonment as an implicit offer of SURRENDER and accept;
(2) IGNORE the abandonment and hold tenant responsible for unpaid rent; OR
(3) RE-LET the premises on T’s behalf and hold T liable for deficiency.

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4
Q

What are a tenant’s duties? (Talking Never Really PAYs)

A

(1) NOT use premises for illegal purposes
(2) REPAIR
(2) PAY rent

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5
Q

When does a tenancy at sufferance terminate?

A

when LL evicts or hold T to new term (accepts rent)

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6
Q

Warranty of Habitability - T must give ntc to L and T may … (MR3)

A
  1. MOVE out and terminate lease (const eviction)
  2. REPAIR and deduct cost from rent (requires ntc and bids)
  3. REDUCE or withhold rent until court determines FRV in light of defects
  4. REMAIN in possession, pay rent, and sue for damages.
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7
Q

Periodic Leasehold - created by implication when the lease …

A

does not mention duration but provision is made for payment of rent at set intervals.

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8
Q

TENANTS DUTIES - Repair - If lease is silent, T must….

A

(1) maintain premises and make ordinary repairs AND (2) not commit WASTE.

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9
Q

Assignment - privity of contract - T2 and LL are …

A

NOT IN PRIVITY of contract unless T2 expressly assumes.

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10
Q

Assign/Sub - What are the 2 kinds of privity?

A

Estate and Contract.

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11
Q

TENANTS DUTIES - Constructive eviction occurs when premises are in such disrepair and virtually uninhabitable. Treated as eviction if tenant SINGs

A

(1) SUBSTANTIAL INTERFERENCE due to LL’s actions or omissions; and
(2) NOTICE was given to landlord w/ no meaningful response.
(3) T must vacate (GOODBYE) within a reasonable time after landlord fails to correct the problem.

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12
Q

Sublease - privity - sublease does not…

A

create privity of estate or contract (T2 liable to T1 and vice versa).

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13
Q

TENANTS DUTIES - PAY rent

A

Tenants have the duty to pay rent.

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14
Q

LL DUTY - Implied Warranty of Habitability

A

Premises must be fit for human habitation.

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15
Q

Assignment occurs when …

A

tenant transfers entire remaining lease.

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16
Q

What is an assignment/sublease?

A

transfer of a leasehold interest in whole (assignment) or in part (sublease).

17
Q

Assign/Sub - What is privity of K?

A

relationship existing to both parties of the K.

18
Q

What is a periodic leasehold?

A

A lease that continues for successive intervals until LL or T gives notice. (NO END DATE)

19
Q

What is a leasehold at sufferance?

A

Tenant wrongfully holds over expiration of lease.

20
Q

What is an at will leasehold?

A

Lease for NO fixed period. Created by express agreement or implication.

21
Q

Retaliatory eviction - LL is barred from penalizing T when …

A

T lawfully reports L for housing code violations.

22
Q

Periodic Leasehold - Created expressly when lease states…

A

“from year to year, month to month, week to week”

23
Q

LL DUTY - implied covenant of quiet enjoyment - T has right to …

A

quiet use and enjoyment w/o interference from LL or others.

24
Q

TENANTS DUTIES - PAY rent: If T has breached while in possession, L may … (Eager Cute Surfers)

A

(1) EVICT the tenant; OR

(2) CONTINUE the relationship and SUE for rent.

25
Q

Assignment - privity of estate - T2 and LL are each …

A

liable to the other for all lease covenants that run with the land.

26
Q

TENANTS DUTIES - Repair - T must promptly….

A

report deficiencies to LL.

27
Q

Sublease occurs when …

A

tenant transfers part of remaining lease.

28
Q

Assign/Sub - what is privity of estate?

A

both LL & T have physical interest in the property.

29
Q

Rule of Dumpor - once landlord consents to one transfer by tenant …

A

landlord waives right to object to future transfer unless they expressly reserve that right.

30
Q

LL DUTY to deliver possession - LL must …

A

put T in legal and physical possession of the premises

31
Q

How do you terminate a periodic leasehold?

A

Notice (in writing) at least equal to period’s length (up to 6 months), unless o/w agreed. Tenancy must end at conclusion of natural lease period.

32
Q

What are a LL’s duties? (Like Prayer Quenches Worry)

A

L duties = Possession, Quiet Enjoyment, and Warranty of Habitability

Real Property II (6 decks)

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