Property II -- Leases to END Flashcards
(68 cards)
Leasehold Estates
LL transfers possession in exchange for T’s promise to pay rent
Term of Years
Time: Fixed period with specified end date
Notice to Terminate: Not Required
There are circumstances in which they are not able to evict under, like if the tenant said repair this and the LL evicted next day
Periodic Tenancy
Time: Initial fixed period, then auto-renewal for successive period
Notice to Terminate: Length of period but not to exceed 6 months
On 01/12 say leaving 01/31:
MAJ says ok but owe Feb. rent;
MIN says notice not valid and cannot end tenancy there
Tenancy at Will
Time: No fixed duration
Notice to Terminate: Either party can terminate immediately without notice
Tenancy at Suffrance
“Holdover Tenant”
Time: When T “holds over” at end of lease
Termination: LL can elect to
1. Treat T as trespasser & EVICT
2. Treat T as new T under new lease (LL accepts new rent payment, agrees to new lease –> could raise rent bc new lease)
Self-Help Eviction
When LL takes eviction into their own hands: changing locks, cutting off utilities, etc. GENERALLY NO LONGER ALLOWED in either res/comm contexts
Possibly violent, LL may be mistaken about right to possession and should not be the judge of his own rights (LL should get TRO to prevent T from destroying property). Court proceedings instead
Vasquez v. Glassboro Service Association
Though migrant farmworkers were not considered ”tenants” entitled to protection under CL “anti-self-help eviction statute” (LLs enforcing eviction themselves) (in NJ, which at the time was a just-cause eviction jdx), the public policy concerns (a la Shack) show farmworkers still deserve dignity and thus deserved the benefit of notice and other protections akin to the statute’s.
Privity of K
- Assumption of Obligations of OG K?
- Release from K?
Privity of Estate
Conveyance of Property Interest
* The only promises that flow with the estate are ones that TOUCH AND CONCERN the LAND
* Sublease (no PE) or Assignment (yes PE)?
Assignment
Conveys ALL of T’s remaining property interest (no future right to re-enter property) to recipient. FULL REMAINDER passed on.
* Assignees in possession on the hook to OG T for rent etc.
LL/A no PK, but only in PE. LL breach covenant = liable to A too. LL can sue OGT if A no rent (rent covenant runs with land) but can also sue A.
Sublease
Conveys PART of T’s remaining property interest to recipient (T retains remainder). (Less than entire remainder)
* Covenants do NOT run with land as REAL COVENANTS.
* LL no-right to sue ST to enforce any covenants in OG lease, even rent (if for damages) UNLESS ST promises T to pay rent to LL; then LL able to sue ST as “3rd party beni” of ST-K-T
* Lease covenant can be enforced by injunction (equitable servitude) if ST on notice
Rent covenant may/not be enforceable by injunctions (jdx)
LL can only sue OG T, but if neither T nor ST pay rent, LL can evict T & end ST’s right of possession. If OG T sued, can seek contribution by ST.
LL’s Consent to Sublease/Assign
“No Subletting/Assignment” clauses in leases are generally enforceable (could lead to eviction)
Exception to restraints on alienation of fee interests being void
Kendall v. Pestana
Then-majority rule: LL can arbitrarily refuse their consent to assign
Growing-minority rule (now MAJORITY RULE): LL can only withhold consent if it’s reasonable (good faith, commercially reasonable objection)
Slavin v. Rent Control Board of Brookline
Declined to expand Kendall’s holding to residential developments; deferred to legislature
Rent Conflicts: T Breaches by Nonpayment
- Refuses to leave: LL sues for BACK RENT + Eviction
- Leaves before end of lease term: BACK RENT + attempts to rent apt, can sue for difference if rent different
Rent Conflicts: Holdover Tenancies
- LL may choose to accept new tenancy rels with T (periodic based on rent payment term, or bound to og length)
- OR treat as T@Suff and SUE FOR POSSESSION (notice req,)
LLs can avoid by suing immediately for possession and EITHER refusing to accept checks or cashing them with “not renewing tenancy” on back
Summary Process
- Statutes that provide for a relatively fast judicial determination of the LL’s claim of right to regain possession of property
- Limit issues that can be addressed in lawsuit
- Countered by IWH which allows Ts to assert more defenses
AKA Forcible entry and detainer, unlawful detainer, summary proceedings, summary ejectment
LL Duties (5)
- Give Ts notice of termination
- Not unreasonably deny subL/assign when lease says LL consent req (comm only)
- Mitigate damages when T stops paying/abandons
- Not interfere with QE
- IWH
LL Duty (Obl.) to Mitigate: LL Remedies (3)
- Accept T’s surrender, sue for Back Rent + Damages for Breach of Lease
- (Clearly) Refuse surrender, re-let on T’s account, sue for difference
- Wait and sue for rent at end of lease term (but mitigate)
Sommer v. Kreidel
LL duty to mitigate. LL must make reasonable efforts to re-let apartment and treat it like vacant stock
Acceleration Clause
Liquidated damages: LL typically has burden to prove that he reasonably tried to mitigate, justify the amount lost due to inability to mitigate
Security Deposits
LL Protection from Ts defaulting or damaging premises. Sometimes regulated
* Limit amount
* Require LL to place deposit in separate account
* Require LL to repay deposit to T with interest at termination of leasehold (less $ for necessary repairs)
Rent Control
Meant to allow LL a reasonable return on investment while protecting the rights of Ts to continue living in their homes
* Can encourage game playing
* T generally entitled to leave apt to spouse/family living with T after death
CQE
- LL impliedly promises to not disturb T’s quiet enjoyment of property
- Implied into every LL-T relation by common law or statute
- @ C/L: could only sue for damages, couldn’t stop paying rent
