Non-Freehold Estates

Question 1

Tenancy for Years

Answer 1

• Definite beginning and ending date
• No notice required to terminate
• GA tenancy for years is presumed to exist if the lease period is 5 years or more. Anything less is presumed to be a usufruct - use of profit/land

Question 2

Periodic Tenancy

Answer 2

Rolls on and on until one party gives notice

Creation by:

1. Express agreement
2. By implication - if lease does not specify how long it is - presumed periodic tenancy
3. By operation of law
   a. Oral lease that violates SOF
   b. Holdover Tenant

Termination: Amount of time equal to length of periodic tenancy, except in case of year to year - 6 months needed.
-To be valid termination the effective date specified in the notice must be at THE END of the period of tenancy

Question 3

Tenancy at Will

Answer 3

• Shortest possible estate. Either party can terminate at any time
• Notice: Either party giving other notice and a reasonable time to vacate premises
• Termination by operation of law
  1. Death of either party
  2. Waste by the T
  3. Assignment by T
  4. Transfer of title by landlord
  5. Lease by landlord to 3rd party

Question 4

GA Law for Tenancy at Will

Answer 4

1. L must give 60 days notice to T in order to terminate

2. T must give 30 days notice to L to terminate

Question 5

Tenancy at Sufferance

Answer 5

• Arises in only one situation - where T wrongfully holds over.
• Landlord has 2 options:
  1. Sue in trespass to remove T and recover damages. (GA - must continue to provide utilities until eviction complete)
  2. Impose new periodic tenancy

Question 6

Duty to of Tenant to Maintain Premises

Answer 6

• If lease is silent - T still subject to common law duty not to commit waste
• If premises destroyed without fault of T, T will be given the option to terminate lease

Question 7

Tenants Covenant to Repair

Answer 7

• C/L- if express covenant to repair makes T absolute insurer of property except not responsible for ordinary wear and tear
• Modern Majority View- T is liable for everything including ordinary wear and tear - Unless lease expressly excludes this type of repair.

-Once

Question 8

Remedies of Landlord for Failure to Pay Rent

Answer 8

C/L- L could sue for damages, but was allowed collect only about in arrears and could not terminate lease

Modern Majority-Sue for damages and terminate the lease

GA- By statute - 7 day grace period for T to pay rent.

Question 9

Remedy for Abandonment

Answer 9

1. Accept T’s offer and terminates lease

2. L relets premises, holding the T liable for any deficiency

Question 10

Duties of Landlord

Answer 10

1. Deliver possession - if can’t deliver actual possession in breach
2. Implied warranty of habitability - residential property only - premises must be fit for basic human habitation

Question 11

Tenant’s Remedies for Landlord’s breach of Implied Warranty of Habitability

Answer 11

2 options:

1. Tenant can move out and end the lease
2. T can stay on property and sue for damages

GA- Landlord has no duty to repair unless the T’s interest is a usufruct. In which case if L fails to repair in reasonable time, T may make the repairs and deduct the costs from rent.

Question 12

GA - Usufruct - 2 Distinctions

Answer 12

1. Can assign or transfer without landlord’s consent

2. T may make the repairs and deduct the costs from rent when there is breach of warranty of habitability

Question 13

3 Ways a Landlord may Breach Implied Warranty of Quiet Enjoymten

Answer 13

1. Total eviction - L throws T off property
2. Partial Eviction - L physically excludes the T from only some portion of property or 3rd party who holds paramount title does the same.
   - If Landlord - T can stay on what is left for free
   - If 3rd Party- rent is proportionately reduced to reflect the amount taken.
3. Constructive Eviction- L fails to provide some service that the landlord is obligate to proved And failure makes property uninhabitable

Question 14

3 Requirements for Constructive Eviction

Answer 14

1. It must be L’s failure to provide some service, not some 3rd party’s failure
2. There must be a substantial interference with the T’s quiet enjoyment
3. T must abandon within a reasonable time

Question 15

Liability of Successive Landlords to T

Answer 15

• Original L continues to be liable because of privity of K
• Successor L may be liable to T if there is EITHER 1) privity of K (New landlord must expressly assume) or
  2) privity of estate AND the lease covenant runs with the land

Question 16

T’s Responsibilities after Partial Gov’t Taking

Answer 16

1. Must continue to pay full rent
2. T will share in condemnation award - get amount equal to the rent that was to be paid over the remainder of the lease for portion condemened

Question 17

T’s Responsibilities after Complete Gov’t Taking

Answer 17

1. No duty to continue paying rent
2. May share award if current rental value for a comparable property for same period exceeds the amount of rent due under the lease

Question 18

Tort Liability of Landlord

Answer 18

• General Rule- No duty for injuries sustained on premises during lease period.
• Exceptions:
  1. Latent Defects (Knew or should have known)
  2. Short term lease of furnished dwelling - even if landlord neither knows or has no reason to know of defects.
  3. Common passageways under the L’s control- must exercise reasonable care.
  4. Negligent repairs undertaken by L.

Question 19

4 Factors Used in Determining if item of personal property is a fixture? (Used when no express agreement b/w parties)

Answer 19

1. Degree of attachment
2. General Custom
3. Degree of harm to premies on removal
4. Trade fixture- chattel or items of personal property used in trade or business - are NOT FIXTURES! (Power saw in lumber mill)

Question 20

If not a fixture when can item be removed?

Answer 20

1. Tenant’s situation: must be removed before T vacates at end of lease
2. Seller’s situation: Must remove item before closing - or seller will lose chattel