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NY Bar 2014 > Real property > Flashcards

Flashcards in Real property Deck (195)
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61

Tenancy for years

Fixed time.
No notice before expiration.
SoF: >1y must be in writing

62

Periodic tenancy

Successive intervals until one party gives notice.
Expressly or by implication (contract mentions payment intervals but not lease period, oral term of years in violation of SoF)
Or by Holdover --> implied tenancy for terms of payment.

63

Periodic tenancy - holdover in NY?

Implied month-to-month tenancy unless agreed otherwise.

64

Periodic tenancy - when does it end

At conclusion of natural lease period only.

65

Tenancy at will

No fixed period. Endures as long as either wants.
Payment of regular rent --> implied periodic.

66

Tenancy at will - when terminated?

By either party upon reasonable demand.
*NY* Landlord gives at least 30 days.

67

Tenancy at sufferance

When tenant WRONGFULLY holds over.
Tenant gets 'leasehold estate' to allow landlord to collect rent.

68

Tenancy at sufferance - when terminated?

Until L evicts or holds T for new term.
*NY* Acceptance of rent creates implied month-to-month periodic tenancy.

69

TENANT'S DUTIES
3 types

3rd parties
Repair
Pay rent

70

Tenant duty to 3rd parties

Keep in reasonable repair.
Liable to 3rd parties even when Lessor promised to make repairs.

71

Tenant duty to repair; law of fixtures

To maintain.
No "waste".
Fixtures = intent to permanently improve; cannot remove.
"Fixtures pass with ownership of land"

72

When is tenant's installation a "fixture"?

When removal doesn't cause substantial harm "in objective judgment" --> NOT a fixture
Causes = intention to install fixture.

73

When premises destroyed AND tenant ha obligation to maintain in good condition?

Majority: T may end lease if premises destroyed without T's fault.
*NY* T may end lease when lessee does not give express undertaking to restore.
(CL: T responsible for any loss including force of nature)

74

Failure to pay rent - self help?

NO!
Huge damages in *NY*.
Only: eviction through court, or continue and sue for rent

75

Failure to pay rent while T is not in possession?

L can decide whether to "surrender", "ignore" or "relet"

76

Failure to pay - "surrender"

Implies offer of surrender of leasehold.
But if >1y, must be in writing under SoF, no implication.

77

Failure to pay - "ignore" (only *NY*)

As if T still in possession, hold liable for deficiency in rent payments.
*NY* + minority

78

Failure to pay - "re-let" (not *NY*)

Good faith effort to re-let in order to mitigate damages.
(Not required in NY)

79

LANDLORD's DUTIES

Possession
Quiet enjoyment
Habitability
No retaliatory eviction

80

Landlord: Possession

Put T in actual physical possession.

81

Landlord: Quiet enjoyment

"Implied covenant of quiet enjoyment"
Residential AND commercial
Incl "constructive eviction" - eg. floods in rain

82

Conditions for "constructive eviction"

1. Substantial interference (attributed to L's action or failure)
2. Notice to L, L fails to respond meaningfully
3. Get out - T must vacate within reasonable amount of time after failure, cannot remain and claim constructive eviction!
[SING]

83

Landlord: Habitability

"Implied warranty of habitability"
Only residential. Non-waivable.
"Must be fit for basic human dwelling" - bare requirements supplied by local housing code or case law.

84

Remedies to breach of habitability warranty

Move out + terminate
Repair and deduct
Reduce rent (in escrow) until court determines fair rent
Remain in possession, pay rent, seek damages.

85

Landlord: No retaliatory action

For housing code violation whistleblowers.

86

Assignment/Sublease - default?

MBE: Allowed by default.
*NY*
ASSIGN: Default requires L's written consent. If unreasonably withheld, T can seek release from lease.
SUBLET: In residential building with 4+ units, sublet requires consent which cannot be unreasonably whthheld. Unreasonable - deemed consent!

87

When contract makes subject to L's prior approval

If approved once, automatically waives right to object in future, unless expressly reserved.

88

Privity of contract between L and assignee T2?

No, only privity of estate. T1 secondarily liable to L. Unless T2 expressly assumed all promises in lease.
Actual tenant always has "privity of estate" with landlord and can be liable, even if T did not expressly undertake contract.

89

Privity of contract between L and sublet tenant?

No privity of contract.
No privity of estate either!

90

Landlord's tort liability - CL rule

"Let the tenant beware". No duty to make premises safe.