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Flashcards in Property > Landlord Tenant and Fixtures Deck (32):

***P0023: If "L leases to T at an annual rate of $6,000, payable at $500 per month" is a month to month periodic tenancy created?

No.Although a lease at an annual rent, payable monthly creates a periodic tenancy, the majority view is that the tenancy is from year to year rather than month to month.


P0023: What is a periodic tenancy?

A periodic tenancy is a tenancy that continues from period to period until terminated by proper notice by either the landlord or the tenant


P0023: What three ways are periodic tenancies created?

It may be created in three ways: (i) by express agreement; (ii) by implication if a lease with no set termination date provides for the payment of periodic rent; or (iii) by operation of law if the tenant holds over or pays rent periodically under an invalid lease.


P0023: Must a lease be in writing?

If L orally leases to T “for the next few years” and accepts monthly rent payments, the lease is invalid because most states require that a lease creating a tenancy for more than one year be in writing to satisfy the Statute of Frauds However the tenant's monthly payment of rent converts what would otherwise be a tenancy at will, terminable at the will of either the landlord or the tenant, into a month-to-month periodic tenancy.


P0023: What type of lease is “L leases to T from month to month”?

Month-to-month periodic tenancy by express agreement.


P0023: What type of lease is “L leases to T at a rent of $500 per month”

A month-to-month periodic tenancy by implication because the lease reserves a monthly rent. .


***P0084B: Absent an express agreement, if a tenant has affixed chattels to leased premises, when must she remove them to ensure they do not become the landlord’s property?

If the duration of the tenancy is definite, the tenant must remove annexed chattels before the tenancy terminates.


P0084: What is a fixture?

A fixture is a chattel that has been so affixed to the realty that it has ceased being personal property and has become part of the realty.


***P0026A: What type of waste results when a tenant intentionally or negligently damages the leased premises?

Voluntary waste.Also occurs when tenant exploits minerals on a property, unless lease provides tenant may do so.


P0026A: What are the three types of waste

1. Voluntary2. Permissive3. Ameliorative


P0026A: What is permissive waste?

Tenant fails to make ordinary repairs to keep in same condition.


P0026A: What is ameliorative waste?

Alterations that substantially increase the value of the property.


***X: List all the remedies a landlord has when a tenant defaults on a rent obligation.

1. Sue the tenant for rent2. Evict the tenant3. Deduct the unpaid rent from the security deposit.


X: Can a landlord seize a tenant's chattels without notice as security for unpaid rent?

NoCalled right of distress


***P0022: What is a tenancy for years?

It is a tenancy that continues for a fixed period of time, until it automatically expires WITHOUT landlord or tenant giving notice.Can be for more or less than a year. Must have a fixed period or termination date.


P0022: What is a periodic tenancy?

A tenancy that continues from year to year until terminated by proper notice by either landlord or tenant.Termination date is uncertain until notice given.


P0022: What is tenancy at will?

A tenancy that continues until terminated by landlord or tenant. Must give sufficient notice.


P0022: What is tenancy at sufferance?

Arises when a tenant wrongfully remains in possession of the leased premises after the expiration of lawful tenancy.


***P0083B: May personal property that is not affixed to land be classified as a fixture?

Yes, if the item is uniquely adapted to the realty.


P0083B: What is the doctrine of constructive annexation?

Personal property so uniquely adapted to the land it doesn't make sense to separate it e.g. keys to door.


P0083B: Is the classification as a fixture determined by whether the annexor intends to pass the item with the realty?

No - it depends on the annexors objective intention


***P0085: What happens when a trespasser annexes a landowner's property?

The trespasser loses the annexed chattel to the landowner, and is liable for the reasonable rental value of the land on which she annexed the chattel.


***P0031 When must the tenant continue to pay a portion of the rent?

A paramount title holder takes possession of an unused barn on the leased premises and stores farm equipment on it. Every lease contains an implied covenant that neither the landlord nor someone with paramount will interfere with the tenant's quiet enjoyment and possession of the premises.


***P0023B A tenant who goes into possession of the premises under an invalid lease and pays monthly rent is a?

Periodic tenant


***XX: Does a covenant against assignment prohibit subleasing?

No. A covenant prohibiting assignment does not prohibit subleasing and vice versa.


***P0029A: At common law, if a tenant defaulted on her rent obligation, what can the landlord do?

Sue the tenant for rent.


***P0036B: L leases property to T.L assign's L's interest to L2.T thereafter continues paying rent to L.May L2 evict T for failure to pay rent?

Yes, if T received reasonable evidence of the assignment.


***P0037A: What happens to the tenant's liability for rent, when the government condemns all of the leased land?

It is extinguished and the tenant may be entitled to compensation for the taking.


***P0031A: What is correct about partial actual evasion?

Partial actual eviction by the landlord relieves the tenant of the obligation to pay rent for the entire premises.


***P0036: L leases property to T.L subsequently assigns L's interest to L2.Whom may T hold liable when X, a paramount title holder, ejects T?

L or L2


***P0024: L leases a residence to T for "as long as T desires." T most likely has a ___?

Life estate determinable


***P0027A: At common law, what happens if the leased premises are destroyed, without the fault of either the landlord or tenant?

The lease remains effective, and the landlord must continue paying rent. This harsh rule has been modified by statute in most states. Absent a contrary lease provision rent must continue.