Leases Flashcards
(51 cards)
Why were landowners in a fee simple historically considered higher class citizens than lease holders?
Historically, in English common law, land ownership was tied very closely to social status, political power, and even voting rights. Here’s the basic idea:
Freeholders (owners of a fee simple) held the strongest and most complete form of property ownership. They could use, sell, or pass the land to heirs. Importantly, owning land outright often made someone eligible to vote, hold office, or be considered a “gentleman” — a class of citizen with social privileges.
Leaseholders, by contrast, only held a contractual right to occupy land for a limited time under a lease. They had far fewer rights and were often seen legally and socially as inferior, akin to tenants or renters.
In what ways today are leaseholders still inferior to landowners with fee simples?
Property taxes: In many places, homeowners with full ownership (freeholders) benefit from tax exemptions, homestead credits, or mortgage interest deductions. But leaseholders — especially renters — often don’t get these benefits directly.
Public perception: Owning a home free and clear is still often considered a major mark of financial success and social respectability, while renting or holding only a lease (even a long one) can carry stigma
What is the implied warranty of habitability?
(not waivable protection in most jurisdictions)- A landlord must make sure that the property is habitable and keep it that way. If it is not, sometimes tenants can stay in the property without paying rent
What rights to landlords have over tenants?
Right of entry for specific purposes (like maintenance, inspections, repairs, or emergencies)
Right to collect rent
Right to enforce lease terms (like rules about property use, pets, alterations, etc.)
Right to regain possession if the tenant breaches the lease (like eviction for nonpayment)
What rights does the tenant have over the landlord?
Tenants have a right to exclude
the right to possess the land
the right in some cases to withhold rent if the landlord is not holding up to their promises
and the right to transfer property via subleasing
the right to have visitors
What is a leasehold?
Leaseholds- a landlord agrees to transfer possession of the property for a specified period to the tenant in return for the tenant’s promise to make a periodic rental payment
What are the common law leasehold estates?
1) Term of years
2)Periodic tenancy
3)Tenancy at will
4)Tenancy at sufferance
What are term of years?
There is a fixed period with specified end date, and no notice is required to terminate the lease (no cause termination). it automatically ends when the fixed term expires
Sometimes even with terms of years landlords do not have absolute authority to evict a tenant. Tenants cannot evict a tenant out of retaliation (ex- tenant complains about an issue then landlord evicts him the next day)
What is a periodic tenancy?
Initial fixed period, then auto-renewal for successive period (usually a year and then month to month)
How is notice given in a periodic tenancy? (majority opinion)
Notice was required to terminate —
The party (landlord or tenant) had to give notice equal to the length of the period but it is capped at six months
If you failed to give proper notice:
You owed rent for the next period (e.g., another month).
How is notice given in a periodic tenancy? (minority opinion)
They said that if you don’t give notice within the period,
➡️ The tenancy automatically renews for another full period!
➡️ Not just paying one more month’s rent — you’re stuck for another full term (another month, or even another year for year-to-year).
What is a tenancy at will?
No fixed duration and either party can terminate immediately w/o notice
If a landlord can terminate at any time, is it implied that a tenant can too?
Yes
If a tenant can terminate at any time, is it implied that a landlord can too?
No
What is a tenancy at sufferance?
a legal label for the situation where a tenant wrongfully remains (holds over) after their lawful lease has expired.
Tenant had lawful possession originally (under a valid lease).
Lease expires or terminates.
Tenant does not leave.
Now they are staying without permission — “at sufferance” of the landlord.
What are a landlord’s options for tenants at sufferance?
1) Start legal proceedings to evict the holdover tenant (treat them as a trespassor)
2) Create a new tenancy by accepting rent
- they made significantly raise the rent if they do not accept the original rent
-Look at the circumstances to see if the landowner is acquiescing to a new lease
What are policy reasons behind giving time before evicting a residential tenant?
Purpose: Shelter — basic human need for survival and dignity.
Court attitude: More protective of tenants.
Courts are more cautious about eviction.
Tenants might get more time to move out (longer notice periods, more defenses like habitability claims, retaliation protections).
Evicting someone from their home has serious consequences, so the law tends to favor housing stability.
What are policy reasons having to do with evicting commercial tenants?
Purpose: Shelter — basic human need for survival and dignity.
Court attitude: More protective of tenants.
Courts are more cautious about eviction.
Tenants might get more time to move out (longer notice periods, more defenses like habitability claims, retaliation protections).
Evicting someone from their home has serious consequences, so the law tends to favor housing stability.
What two things are required to evict a tenant?
Notice and a hearing
Will courts enforce notice and a hearing (due process) even without a statute?
Yes for basic fairness and avoiding abrupt homelessness.
Vazquez farmworker case: What are institutional arguments in favor of the landlord?
➡️ The legislature already regulates farmworkers (e.g., barracks conditions).
➡️ If they wanted to include housing eviction protections for farmworkers, they would have.
➡️ Courts stepping in to create new rights undermines the legislative role.
➡️ Landowners and workers should negotiate terms privately without court interference.
Vazquez farmworker case: What are institutional arguments in favor of the tenant?
➡️ Common law forbids self-help evictions in many contexts — court has a traditional role here.
➡️ Legislature might have assumed farmworkers were already protected as tenants.
➡️ Legislature can’t foresee every problem; courts fill gaps to prevent injustice.
➡️ Some agreements (like agreeing to slavery or uninhabitable conditions) are void even if both parties consent — courts must step in to enforce public policy
Vazquez farmworker case: What are fairness arguments in favor of the landlord?
Worker isn’t fulfilling job duties — unfair to force employer to provide free housing.
People should freely negotiate the arrangements they want.
Vazquez farmworker case: What are fairness arguments in favor of the tenants?
Losing a job shouldn’t mean instant homelessness.
Basic human dignity demands a fair process (notice + hearing) before eviction.
