Leasehold Interests Landlord/Tenant Flashcards Preview

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Flashcards in Leasehold Interests Landlord/Tenant Deck (29):
1

Term of Years Estate

Tenancy for Years, estate for years.

1. Lease for a fixed period of time
2. No notice is needed to terminate
3. Term of years greater than 1 year must be in writing to be enforceable

2

Periodic Tenancy

1. Continues for successive intervals until L or T give proper notice to terminate
2. Notice must be given , should equal to length of the period unless otherwise agreed.

EXCEPTION: Year to year, 6 months notice

3

Tenancy at Will

1. Tenancy for no fixed duration.
2. Endures as long as L or T desires.
3. Needs reasonable notice to terminate.

4

Tenancy at Sufferance

Arises when T has wrongfully held over past the expectancy of the lease

1. Permits L to still collect rent
2. Always short-lived, lasts until L evicts T

5

Tenant's Duties

1. Duty to Repair (Doctrine of Waste)
2. Duty to Pay Rent

6

Fixtures

Doctrine of waste runs with fixtures.

A once moveable thing by being attached to Blackacre, will improve Blackacre.

1. Pass with ownership of the land

7

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)

8

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)

9

Landlord's Remedies for Tenant's Abandonment

1. Surrender - T's abandonment as an offer of surrender
2. Ignore it and hold T responsible for rent (Minority)
3. Relet the premises. TRY to mitigate with good faith. (Majority)

10

Landlord's Remedies for Tenant's Abandonment

1. Surrender - T's abandonment as an offer of surrender
2. Ignore it and hold T responsible for rent (Minority)
3. Relet the premises. TRY to mitigate with good faith. (Majority)

11

Landlord's Duties

1. Duty to Deliver Possession
2. Implied covenant of quiet enjoyment - w/o intereferance from L

12

Landlord's Duties

1. Duty to Deliver Possession
2. Implied covenant of quiet enjoyment - w/o interference from L

13

Landlord's Duties

1. Duty to Deliver Possession
2. Implied covenant of quiet enjoyment - w/o interference from L

14

Implied Covenant of Quiet Enjoyment

Enjoyment of premises w/o interference from L

Breached:
1. wrongful eviction
2. Constructive Eviction

15

Implied Covenant of Quiet Enjoyment

Enjoyment of premises w/o interference from L

Breached:
1. wrongful eviction
2. Constructive Eviction

16

Constructive Eviction Elements

1. Substantial interference due to L's actions or neglect, recurring problem
2. Notice. T must give notice of the problem and L must fail to act meaningfully
3. T must vacate within a reasonable time after L fails to fix the problem.

*CANNOT BE CONSTRUCTIVELY EVICTED AND IN POSSESSION OF THE PLACE*

17

Constructive Eviction Elements

1. Substantial interference due to L's actions or neglect, recurring problem
2. Notice. T must give notice of the problem and L must fail to act meaningfully
3. T must vacate within a reasonable time after L fails to fix the problem.

*CANNOT BE CONSTRUCTIVELY EVICTED AND IN POSSESSION OF THE PLACE*

18

Implied Warranty of Habitability

1. Applies only to residential leases
2. Non-waivable
3. Must be fit for basic human habitation
4. Appropriate standard can be supplied by local housing code or court standards in jurisdiction

19

What can T do if Implied Warranty of Habitability is breached?

1. Move Out
2. Repair and deduct
3. Reduce the rent or withhold the rent until court determines fair rental value, T would put money into an escrow account
4. Remain in possession, pay rent and sue for money damages

20

Retaliatory Eviction

Landlord is barred from penalizing a good faith whistleblower tenant

21

What does a tenant get in a leasehold?

1. Possessory rights, right to exclude
2. Right to services from L
3. L has reversion

22

Lease

Both a conveyance and a Contract

23

Assignment

Transfer of the whole remaining lease. More strict. Does not go revert.

24

Sublease

Partial transfer of lease, responsibilities revert back to lesee. Subletter

25

Novation

tenant can be released from privity of contract if landlord expressly "releases" you.

26

Minority Rule (Kendall)

when commercial lease provides an assignment w/o prior consent of lesser, consent can only be withheld when lessor has a commercially reasonable objection

27

Majority Rule (Kendall)

lessor may arbitrarily refuse to approve assigned lessee

28

Distraint

L's remedy. Allows L to seize property and hold it until rent is paid.

29

Illegal lease

no rent because of unsafe housing conditions is a violation of the housing code