Leasehold Interests Landlord/Tenant Flashcards
(29 cards)
Term of Years Estate
Tenancy for Years, estate for years.
- Lease for a fixed period of time
- No notice is needed to terminate
- Term of years greater than 1 year must be in writing to be enforceable
Periodic Tenancy
- Continues for successive intervals until L or T give proper notice to terminate
- Notice must be given , should equal to length of the period unless otherwise agreed.
EXCEPTION: Year to year, 6 months notice
Tenancy at Will
- Tenancy for no fixed duration.
- Endures as long as L or T desires.
- Needs reasonable notice to terminate.
Tenancy at Sufferance
Arises when T has wrongfully held over past the expectancy of the lease
- Permits L to still collect rent
- Always short-lived, lasts until L evicts T
Tenant’s Duties
- Duty to Repair (Doctrine of Waste)
2. Duty to Pay Rent
Fixtures
Doctrine of waste runs with fixtures.
A once moveable thing by being attached to Blackacre, will improve Blackacre.
- Pass with ownership of the land
Options for Aggrieved Landlords
1) Evict properly
2. Continue L/T relationship and sue for rent due
L CANNOT ENGAGE IN SELF HELP (removing locks, tenant’s or tenant’s property)
Options for Aggrieved Landlords
- Evict properly
- Continue L/T relationship and sue for rent due
L CANNOT ENGAGE IN SELF HELP (removing locks, tenant’s or tenant’s property)
Landlord’s Remedies for Tenant’s Abandonment
- Surrender - T’s abandonment as an offer of surrender
- Ignore it and hold T responsible for rent (Minority)
- Relet the premises. TRY to mitigate with good faith. (Majority)
Landlord’s Remedies for Tenant’s Abandonment
- Surrender - T’s abandonment as an offer of surrender
- Ignore it and hold T responsible for rent (Minority)
- Relet the premises. TRY to mitigate with good faith. (Majority)
Landlord’s Duties
- Duty to Deliver Possession
2. Implied covenant of quiet enjoyment - w/o intereferance from L
Landlord’s Duties
- Duty to Deliver Possession
2. Implied covenant of quiet enjoyment - w/o interference from L
Landlord’s Duties
- Duty to Deliver Possession
2. Implied covenant of quiet enjoyment - w/o interference from L
Implied Covenant of Quiet Enjoyment
Enjoyment of premises w/o interference from L
Breached:
- wrongful eviction
- Constructive Eviction
Implied Covenant of Quiet Enjoyment
Enjoyment of premises w/o interference from L
Breached:
- wrongful eviction
- Constructive Eviction
Constructive Eviction Elements
- Substantial interference due to L’s actions or neglect, recurring problem
- Notice. T must give notice of the problem and L must fail to act meaningfully
- T must vacate within a reasonable time after L fails to fix the problem.
CANNOT BE CONSTRUCTIVELY EVICTED AND IN POSSESSION OF THE PLACE
Constructive Eviction Elements
- Substantial interference due to L’s actions or neglect, recurring problem
- Notice. T must give notice of the problem and L must fail to act meaningfully
- T must vacate within a reasonable time after L fails to fix the problem.
CANNOT BE CONSTRUCTIVELY EVICTED AND IN POSSESSION OF THE PLACE
Implied Warranty of Habitability
- Applies only to residential leases
- Non-waivable
- Must be fit for basic human habitation
- Appropriate standard can be supplied by local housing code or court standards in jurisdiction
What can T do if Implied Warranty of Habitability is breached?
- Move Out
- Repair and deduct
- Reduce the rent or withhold the rent until court determines fair rental value, T would put money into an escrow account
- Remain in possession, pay rent and sue for money damages
Retaliatory Eviction
Landlord is barred from penalizing a good faith whistleblower tenant
What does a tenant get in a leasehold?
- Possessory rights, right to exclude
- Right to services from L
- L has reversion
Lease
Both a conveyance and a Contract
Assignment
Transfer of the whole remaining lease. More strict. Does not go revert.
Sublease
Partial transfer of lease, responsibilities revert back to lesee. Subletter
