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LL/T Flashcards

1
Q

Lease Types

A
  1. Tenancy in years
  2. Periodic Tenancy
  3. Tenancy at will
  4. Tenancy at sufferance
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2
Q

Tenancy in years

A

A lease with an expressly stated end date. Must be in writing if over a year but doesn’t have to be longer than a year, can be a month/week.

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3
Q

Periodic Tenancy & notice requirement

A

Endures continuously for successive intervals until LL or T give proper notice. Can be express or implied. Under the common law: Notice must be equal to the length of the period itself. Exception is if it’s over a year, 6 month notice suffices.

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4
Q

Types of Implied Periodic Tenancies

A
  1. When land is leased but there is no mention of expiration date + LL & T agree on set pay date.
  2. Oral lease with set time over 1 yr in violation of SOF + LL & T agree on set pay date.
  3. Holdover Tenant + LL accepts rent after expiration of lease (turns to month to month.)
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5
Q

Tenancy at Will

A

Not common -
1. No fixed duration and
2. the lease endures at the will of the T or LL.
Terminable at the will of either party BUT many state statutes require a reasonable demand to put tenancy at end.

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6
Q

Tenancy at Sufferance

A

Is created when the T holds over the expiration of their lease & LL does not accept OR when T breaches for nonpayment and LL starts eviction process.

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7
Q

Duties of Tenant

A
  1. Duty to pay rent
  2. Duty to maintain the premises
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8
Q

Does tenant have to make ordinary repairs?

A

Yes.

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9
Q

Does tenant have to make repairs for usual wear and tear?

A

No.

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10
Q

Types of Waste

A
  1. Affirmative/Voluntary Waste
  2. Permissive Waste
  3. Ameliorative Waste
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11
Q

Are tenants responsible for the waste they create?

A

Yes.

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12
Q

Affirmative/Voluntary Waste

A

Overt or willful destruction of premises. (Making holes in wall to the point part of wall collapses.)

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13
Q

Permissive Waste

A

Negligent actions on the T that cause damage to the premises. (Accidentally leaving faucet running and causing a flood)

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14
Q

Ameliorative Waste

A

When T makes changes to property w/o LL permission that enhance the value of property. (Damages depend)

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15
Q

LL Rights when T fails to pay rent + Tenant has possession

A
  1. Eviction (money judgment for rent)
  2. Let them stay but sue for rent owed.
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16
Q

Examples of self-help

A
  1. Changing the locks
  2. Harassment to T
  3. Moving T’s stuff outside of property
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17
Q

Can a LL use self-help to evict a T?

A

NO.

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18
Q

LL Rights when T fails to pay rent + T is no longer in possession.

A
  1. Surrender
  2. Ignore Abandonment
  3. Relet the premises
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19
Q

Surrender

A

T shows by words or actions they want to give up the lease. Also a LL right when T fails to pay.

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20
Q

Ignore Abandonment

A

LL ignores the T’s abandonment and holds them liable for each months rent until their lease would have expired. (This option is only available in a minority of states)

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21
Q

Relet

A

LL to relet the premises on wrongdoers behalf & hold them liable for any deficiency. (Majority of states require the aggrieved LL to at least mitigate/use good faith attempt.)

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22
Q

Landlords Duties

A
  1. Provide T w actual & legal possession of premises
  2. Implied Warranty of Quiet Enjoyment
  3. Implied Warranty of Habitability
  4. Refrain from committing a retaliatory eviction
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23
Q

Implied Covenant of Quiet Enjoyment

A

Fundamental implied promise that every LL makes to provide T with quiet use and enjoyment of leases premises. (Both residential & commercial leases apply)

24
Q

Constructive Eviction

A

Not a real eviction - but when LL takes self-help actions. This is a breach of implied consent of quiet enjoyment.

25
What should tenant do when LL breaches the implied covenant of quiet enjoyment?
SING: Substantial Interference due to LL's actions or failures to act AND Notice - T must notify LL of problem & LL fails to act meaningfully AND Goodbye - Tenant must vacate after a reasonable time for breach claim against LL
26
Is a LL liable for bothersome conduct of other Tenants?
Generally, no. Exceptions: --LL cannot allow a nuisance on site --LL must control common areas
27
When does death of either party terminate a lease:
ONLY Tenancy at will.
28
What is an unenforceable provision in a LL/T lease?
"As is" clauses because LLs have the obligation of implied warranty of habitability.
29
Implied Warranty of Habitability
This is an implicit promise every residential LL makes which obligates them to provide premises that are safe and suitable for habitation. (Basic essentials like running water/heat in winter)
30
Breach of Implied Warranty: T's rights
Move out before or at end of lease term Repair themselves & deduct from rent Reduct Rent or withhold it until court assesses fair rental value Remain in possession, pay rent & sue LL for damages.
31
Factors of a Retaliatory Eviction
LL tries to evict T/raise rent/harass T based on: -T whistle blowing (T reports LL to housing code) - T asking for repairs to what is deemed necessary.
32
Things Assignments & Subleases have in common
- Typically LL requires T to ask and T needs written approval to assign or sublet - Once the LL consents to one transfer by T, they typically waive the right to object to any future transfers by that T UNLESS the LL EXPRESSLY waives the right.
33
Assignments
When the T transfers EVERYTHING they have left on their lease to the assignee.
34
What is the relationship between a Landlord and an assignee called?
Privity of Estate
35
Are landlords and assignees in privity of contract?
NO. - ONLY in privity of estate.
36
What is in privity between the LL and the original tenant when there is an assignee?
Privity of contract - meaning T remains secondarily liable to the LL.
37
What is Privity of Estate?
When the Assignee assumes all of the promises of the original lease. (paying rent etc)
38
Sublease
Arises when the tenant transfers LESS than everything or PART of lease to the sub-letter.
39
What is the relationship between the LL and the sub-letter?
NO RELATIONSHIP. LL & OG T relationship stays completely in tact. OG T & LL have BOTH privity of estate and of contract.
40
If sub-letter abuses premises, whose problem is it to reckon with?
OG Tenant & they remain fully accountable to LL for ANY of sub-letters abuse.
41
Coveat Lessee
Let the T beware - under tort law, LL is not liable if T is harmed in leased premises.
42
Exceptions to Coveat Lessee
1. T hurt in common area 2. LL fails to warn T of a defect on site. 3. LL who leases public space should make sure there's no defects. 4. LL negligently completes a repair - T is injured 5. Short term lease of a furnished dwelling.
43
When a LL makes an eviction claim against a T, what can they do?
1. Counterclaim 2. Order a rent abatement 3. Petition for injunctive relieve for LL to fix apt.
44
Vasquez v. Glassboro
H: A farm-labor service must use judicial proceedings to evict a farmworker who remains in possession of their living quarters after the termination of their employment. F: Vasquez, a migrant farm worker was evicted from his farm work thru self-help. R: Inequality of bargaining power / contract of adhesion & interferes with public policy.
45
Do lease covenants run with the land in subleases?
NO.
46
Do landlords have the right to sue a sub-letter for owed rent.
No. Exception: Sub promises OG T they will pay LL directly, then LL may be able to sue subletter as a 3rd party beneficiary of the contract.
47
Do covenants run with the land in assignments?
YES.
48
Who can LL sue for failure to pay rent under an assignment?
Either OG T or Assignee.
49
Can a commercial lessor withhold consent to an assignment without a commercially reasonable justification?
Minority View/Kendall v. Pestana: No, needs element of reasonableness Majority View: Yes.
50
Doctrine of Constructive Eviction
Tenant is NOT required to abandon the entire premises; and can abandon only those portions that are made uninhabitable by the landlord.
51
Can a residential lessor withhold consent to an assignment without a commercially reasonable justification?
Yes. (Slavin v. Brookline)
52
In the modern world, leases between LL & tenants are treated more like ______ and less like _________?
1. More like contracts 2. Less like estates in land.
53
Sommer v. Kridel
H: Residential landlords have a duty to mitigate damages by making reasonable efforts to relet the premises. F: Kridel couldn’t afford lease bc ex’s parents were supposed to pay and Kridel was a law student so he moved out. Sommer (LL) did not relet the apartment even though he knew it was abandoned. R: Since LL did not mitigate - even turned down one prospective tenant & leases are treated like contracts.
54
Minjak v. Randolph
H: Rent abatement was granted to the tenants → LL’s acts substantially deprived T’s of use & enjoyment. F: Tenants could only use part of their apartment bc constant construction (dust/sand/water/had to cover instruments) R: T is NOT required to abandon the entire premises; and can abandon only those portions that are made uninhabitable by the landlord.
55
Javins v. First National Realty Corp
H: Tenants were allowed to use defense of not paying rent bc LL breached warranty of habitability. F: Tenants did not pay one month rent - LL took to court for nonpayment – T’s used defense of implied warranty of habitability which requires the LL to maintain the premises in a livable condition. R: When an issue arises under the lease, the landlord is responsible for fixing those issues. (Dependent - new rule)
56
Fair Housing Council v. Roommate
H: Roommate.com/discrimination in the selection of a roommate is NOT prohibited under the FHA. F: Roommate.com operated a website where individuals could post info about themselves and choose roommates based on sex, race, sexual orientation, familial status, etc. Fair Housing Council sued for violation of FHA. R: No indication Congress intended to interfere w personal relationships inside the home, purpose was to prevent LL’s from discriminating against possible T’s. (Significant privacy and safety concerns - may be a constitutional violation of individual rights)
57
HUD v. Meta
H: Meta’s algorithm was banned and there was a settlement between the parties. F: Meta enabled enabled property owners to advertise housing by using algorithms that relied on race, color, religion, sex, disability etc, to decide which users would be eligible or ineligible to receive specific housing ads. Dept of Housing in Urban Development sued on basis of racial steering. R: Racial Steering: actions of those who direct ppl to particular residential areas based on race was present in Meta’s algorithm. Meta’s algorithm exclusively went against the FHA’s protected characteristics.

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