REAL-PROPERTY LANDLORD TENANT ESSAY APPROACH Flashcards by Cristhian Tucker

REAL PROPERTY ESSAY APPROACHES

LANDLORD/TENANT ESSAY APPROACH

EASEMENTS/REALCOVENANTS/EQUITABLE SERVITUDES

CONCURRENT ESTATES

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LANDLORD TENANT ESSAY APPROACH PARTS

A) ESTABLISH TYPE OF LEASE

B) ASSIGNMENT SUBLEASE -GENERAL RULE

C) TENANT DUTIES

D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)

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LANDLOR TENANT ESSAY APPROACH SUBPARTS

$A) ESTABLISH TYPE OF LEASE

B) ASSIGNMENT SUBLEASE -GENERAL RULE

C) TENANT DUTIES

D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

Commercial Leases

Express Creation

Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

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LANDLOR TENANT ESSAY APPROACH SUBPARTS

A) ESTABLISH TYPE OF LEASE

$B) ASSIGNMENT SUBLEASE -GENERAL RULE

C) TENANT DUTIES

D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)

LANDLORD TENANT APPROACH

B) ASSIGNMENT SUBLEASE -GENERAL RULE

OBLIGATION-RENT

Assignment

Sublease

OBLIGATIONS-COVENANT NOT RENT

Assignment

Sublease

Non-Assignment/Sublease Clause

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LANDLOR TENANT ESSAY APPROACH SUBPARTS

A) ESTABLISH TYPE OF LEASE

B) ASSIGNMENT SUBLEASE -GENERAL RULE

$C) TENANT DUTIES

D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)

C) TENANT DUTIES

_PAY RENT*_

Tenant in Possession of Premises

Tenant Not in Possession of Premises

Duty to Mitigate

3RD PARTY Liability

DUTY TO REPAIR (fixtures)

SELF HELP

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LANDLOR TENANT ESSAY APPROACH SUBPARTS

A) ESTABLISH TYPE OF LEASE

B) ASSIGNMENT SUBLEASE -GENERAL RULE

C) TENANT DUTIES

$D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)

D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)

DUTY TO DELIVER PREMISES

_IMPLIED COVENANT OF QUIET ENJOYMENT*_

Breach By Actual or Partial Eviction

Breach By Constructive Eviction

_IMPLIED WARRANTY OF HABITABILITY*_

Remedies (give in habitability Rule)

Sub-issue - Retaliatory Eviction

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LANDLORD/TENANT ESSAY APPROACH

$A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

Commercial Leases

Express Creation

Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

The first step is analyzing the type of lease and the responsibilities it places on the parties.

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

$TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

Commercial Leases

Express Creation

Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

This lease is for a fixed number of years and has a definite end date.

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

$PERIODIC TENANCY

Implied Creation

Commercial Leases

Express Creation

Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

This is a lease for a fixed period that self-renews (only discuss the ones that apply)

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

$Implied Creation

Commercial Leases

Express Creation

Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

A Periodic Tenancy is implied when: 1) rent is to be paid in set intervals; 2) A tenancy for years fails due to the statute of limitations; 3) A tenancy for years ends and LL elects to holdover tenant who wrongfully stays (unless notice of change of terms before tenancy ends)

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

$Commercial Leases

Express Creation

Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

Commercial leases create a year-to-year tenancy with the lease’s terms unless notice is given before the lease ends.

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

Commercial Leases

$Express Creation

Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

A Periodic Tenancy can be created expressly by calling it month-to-month or otherwise explicitly agreeing to terms.

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

Commercial Leases

Express Creation

$Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

A periodic tenancy can only be terminated (1) at the end of a natural lease period, AND (2) requires written notice at least a full period in advance, but no more than 6 months

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

Commercial Leases

Express Creation

Termination

$TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

A tenancy with no fixed duration and either party can end it at any time. However, a reasonable demand to vacate is required.

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

Commercial Leases

Express Creation

Termination

TENANCY AT WILL (not common)

$TENANCY AT SUFFERANCE

Sub-Issue - SOF (If lease over 1 year)

A tenancy at Sufferance occurs when tenant stays past the expiration of the lease and allows landlord to collect rent. Terminates when LL evicts or holds T to another term

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LANDLORD/TENANT ESSAY APPROACH

A) ESTABLISH TYPE OF LEASE

TENANCY FOR YEARS

PERIODIC TENANCY

Implied Creation

Commercial Leases

Express Creation

Termination

TENANCY AT WILL (not common)

TENANCY AT SUFFERANCE

$Sub-Issue - SOF (If lease over 1 year)

Oral contracts for the sale of real property are unenforceable, as well as contracts which cannot be fully performed within one year. Generally, a lease of more than one year has to be in writing.

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LANDLORD TENANT APPROACH

$B) ASSIGNMENT SUBLEASE -GENERAL RULE

OBLIGATION-RENT

Assignment

Sublease

OBLIGATIONS-COVENANT NOT RENT

Assignment

Sublease

Non-Assignment/Sublease Clause

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Unless the lease states otherwise, a tenant may freely transfer their interest in all of a lease (assign) or part of a lease (sublet). Once a landlord approves one transfer, s/he may not object to future ones.

LANDLORD TENANT APPROACH

B) ASSIGNMENT SUBLEASE -GENERAL RULE

$OBLIGATION-RENT

Assignment

Sublease

OBLIGATIONS-COVENANT NOT RENT

Assignment

Sublease

Non-Assignment/Sublease Clause

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Just heading

LANDLORD TENANT APPROACH

B) ASSIGNMENT SUBLEASE -GENERAL RULE

OBLIGATION-RENT

$Assignment

Sublease

OBLIGATIONS-COVENANT NOT RENT

Assignment

Sublease

Non-Assignment/Sublease Clause

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Assignment-New tenant is personally liable to landlord for rent because there is privity of estate Old tenant is also secondarily liable, unless novation, because of privity of contract

LANDLORD TENANT APPROACH

B) ASSIGNMENT SUBLEASE -GENERAL RULE

OBLIGATION-RENT

Assignment

$Sublease

OBLIGATIONS-COVENANT NOT RENT

Assignment

Sublease

Non-Assignment/Sublease Clause

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Sublease - New tenant is not personally liable to the lanlord for the rent since no privity of estate. Old tenant is liable for the rent because there is privity of contract

LANDLORD TENANT APPROACH

B) ASSIGNMENT SUBLEASE -GENERAL RULE

OBLIGATION-RENT

Assignment

Sublease

$OBLIGATIONS-COVENANT NOT RENT

Assignment

Sublease

Non-Assignment/Sublease Clause

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Just heading

LANDLORD TENANT APPROACH

B) ASSIGNMENT SUBLEASE -GENERAL RULE

OBLIGATION-RENT

Assignment

Sublease

OBLIGATIONS-COVENANT NOT RENT

$Assignment

Sublease

Non-Assignment/Sublease Clause

Study These Flashcards

The LL and New tenant are in privity of estate, and each is liable to the other on all lease covenants that run with the land. LL and old tenant are not liable to each other for lease covenants that run with the land since no privity of estate. (secondarily liable for rent because they have POK)

LANDLORD TENANT APPROACH

B) ASSIGNMENT SUBLEASE -GENERAL RULE

OBLIGATION-RENT

Assignment

Sublease

OBLIGATIONS-COVENANT NOT RENT

Assignment

$Sublease

Non-Assignment/Sublease Clause

Study These Flashcards

The LL and New tenant not in privity of estate, and both are not liable on the lease covenant that run with the land. The LL and old tenant are in privity of estate, and each is liable to the other on all lease covenants that run with the land.

LANDLORD TENANT APPROACH

B) ASSIGNMENT SUBLEASE -GENERAL RULE

OBLIGATION-RENT

Assignment

Sublease

OBLIGATIONS-COVENANT NOT RENT

Assignment

Sublease

$Non-Assignment/Sublease Clause

Study These Flashcards

Lease clause may prohibit assignment or sublease only if reasonable, but it is narrowly construed against LL.

Note: Narrowly construed means it has to be specific. For example and anti-assignment clause will not be read as an anti sublease clause. Also, lease may prohibit sublease and assignement, but unless it specifically says the lease is invalid thant you can only sue for damages and not invalidate assignment.

LANDLORD/TENANT ESSAY APPROACH **_$C) TENANT DUTIES_** _**PAY RENT\***_ **_Tenant in Possession of Premises_** **_Tenant Not in Possession of Premises_** **_Duty to Mitigate_** **_3RD PARTY Liability_** **_DUTY TO REPAIR (fixtures)_** **_SELF HELP_**

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LANDLORD/TENANT ESSAY APPROACH **_C) TENANT DUTIES_** _**$PAY RENT\***_ **_Tenant in Possession of Premises_** **_Tenant Not in Possession of Premises_** **_Duty to Mitigate_** **_3RD PARTY Liability_** **_DUTY TO REPAIR (fixtures)_** **_SELF HELP_**

Tenants have the duty to pay rent to the landlord. Failure to do so gives the landlord certain remedies.

LANDLORD/TENANT ESSAY APPROACH **_C) TENANT DUTIES_** _**PAY RENT\***_ **_$Tenant in Possession of Premises_** **_Tenant Not in Possession of Premises_** **_Duty to Mitigate_** **_3RD PARTY Liability_** **_DUTY TO REPAIR (fixtures)_** **_SELF HELP_**

If tenants fail to pay and remain on the property, then LL can evict (through the courts) and hold them liable for past rent, or allow tenant to stay and sue for past rent.

LANDLORD/TENANT ESSAY APPROACH **_C) TENANT DUTIES_** _**PAY RENT\***_ **_Tenant in Possession of Premises_** **_$Tenant Not in Possession of Premises_** **_Duty to Mitigate_** **_3RD PARTY Liability_** **_DUTY TO REPAIR (fixtures)_** **_SELF HELP_**

If T fails to pay rent and does not remain property (abandonment) then L can treat as a surrender if intent to so through words or acts . Then can hold the tenant liable for unpaid rent, or re-let the premises and recover deficiency. Surrender mut be in writing if lease greater than one year.

LANDLORD/TENANT ESSAY APPROACH **_C) TENANT DUTIES_** _**PAY RENT\***_ **_Tenant in Possession of Premises_** **_Tenant Not in Possession of Premises_** **_$Duty to Mitigate_** **_3RD PARTY Liability_** **_DUTY TO REPAIR (fixtures)_** **_SELF HELP_**

Duty to mitigate by Landlord by trying to rent out space as soon as possible if tenant is not in possession

LANDLORD/TENANT ESSAY APPROACH **_C) TENANT DUTIES_** _**PAY RENT\***_ **_Tenant in Possession of Premises_** **_Tenant Not in Possession of Premises_** **_Duty to Mitigate_** **_$3RD PARTY Liability_** **_DUTY TO REPAIR (fixtures)_** **_SELF HELP_**

Tenants are liable for keeping the premises in reasonably good repair and are liable for injuries suffered by third parties, even if the landlord expressly promised repairs.

LANDLORD/TENANT ESSAY APPROACH **_C) TENANT DUTIES_** _**PAY RENT\***_ **_Tenant in Possession of Premises_** **_Tenant Not in Possession of Premises_** **_Duty to Mitigate_** **_3RD PARTY Liability_** **_$DUTY TO REPAIR (fixtures)_** **_SELF HELP_**

Where the lease is silent ,a tenant has a duty to keep the premises in good order, make ordinary repairs and not commit waste. The removal of fixtures is voluntary waste once the fixture is attached to the land. A court will look at objective intent to affix the chattel to the land 1. Nature of the iteim, manner of attachment, the damage that would occur if removed, and appropriateness with use of property,

LANDLORD/TENANT ESSAY APPROACH **_C) TENANT DUTIES_** _**PAY RENT\***_ **_Tenant in Possession of Premises_** **_Tenant Not in Possession of Premises_** **_Duty to Mitigate_** **_3RD PARTY Liability_** **_DUTY TO REPAIR (fixtures)_** **_$SELF HELP_**

Landlords may not use self-help, such as changing the locks or removing tenant's belongings.

LANDLORD TENANT ESSAY APPROACH **_$D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)_** **_DUTY TO DELIVER PREMISES_** _**IMPLIED COVENANT OF QUIET ENJOYMENT\***_ **_Breach By Actual or Partial Eviction_** **_Breach By Constructive Eviction_** _**IMPLIED WARRANTY OF HABITABILITY\***_ **_Remedies (give in habitability Rule)_** **_Sub-issue - Retaliatory Eviction_**

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LANDLORD TENANT ESSAY APPROACH **_D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)_** **_$DUTY TO DELIVER PREMISES_** _**IMPLIED COVENANT OF QUIET ENJOYMENT\***_ **_Breach By Actual or Partial Eviction_** **_Breach By Constructive Eviction_** _**IMPLIED WARRANTY OF HABITABILITY\***_ **_Remedies (give in habitability Rule)_** **_Sub-issue - Retaliatory Eviction_**

Majority require landlords to provide actual possession of the premise and be held liable if former tenant on premises. Minority requires only legal possession.

LANDLORD TENANT ESSAY APPROACH **_D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)_** **_DUTY TO DELIVER PREMISES_** _**$IMPLIED COVENANT OF QUIET ENJOYMENT\***_ **_Breach By Actual or Partial Eviction_** **_Breach By Constructive Eviction_** _**IMPLIED WARRANTY OF HABITABILITY\***_ **_Remedies (give in habitability Rule)_** **_Sub-issue - Retaliatory Eviction_**

An implied covenant of quiet enjoyment prevents a landlord from interfering with the tenant’s quiet enjoyment and possession of the property. This covenant is breached if the tenant is actually or constructively evicted.

LANDLORD TENANT ESSAY APPROACH **_D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)_** **_DUTY TO DELIVER PREMISES_** _**IMPLIED COVENANT OF QUIET ENJOYMENT\***_ **_$Breach By Actual or Partial Eviction_** **_Breach By Constructive Eviction_** _**IMPLIED WARRANTY OF HABITABILITY\***_ **_Remedies (give in habitability Rule)_** **_Sub-issue - Retaliatory Eviction_**

The covenant is breached when the tenant is evicted from the whole or any part of the premises.

LANDLORD TENANT ESSAY APPROACH **_D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)_** **_DUTY TO DELIVER PREMISES_** _**IMPLIED COVENANT OF QUIET ENJOYMENT\***_ **_Breach By Actual or Partial Eviction_** **_$Breach By Constructive Eviction_** _**IMPLIED WARRANTY OF HABITABILITY\***_ **_Remedies (give in habitability Rule)_** **_Sub-issue - Retaliatory Eviction_**

The landlord substantially interferes with use and enjoyment of property so that it make it uninhabitable. Tenant must provide notice of interference and vacates within a reasonable time.

LANDLORD TENANT ESSAY APPROACH **_D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)_** **_DUTY TO DELIVER PREMISES_** _**IMPLIED COVENANT OF QUIET ENJOYMENT\***_ **_Breach By Actual or Partial Eviction_** **_Breach By Constructive Eviction_** _**$IMPLIED WARRANTY OF HABITABILITY\***_ **_Remedies (give in habitability Rule)_** **_Sub-issue - Retaliatory Eviction_**

Residential (not commercial like quiet enjoyment) premises must be suitable for basic human habitation. The standard will be set by local housing codes and court rulings. (like not having hot water)

LANDLORD TENANT ESSAY APPROACH ## Footnote **_D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)_** **_DUTY TO DELIVER PREMISES_** **_IMPLIED COVENANT OF QUIET ENJOYMENT\*_** **_Breach By Actual or Partial Eviction_** **_Breach By Constructive Eviction_** **_IMPLIED WARRANTY OF HABITABILITY\*_** **_$Remedies (give in habitability Rule)_** **_Sub-issue - Retaliatory Eviction_**

The tenant may: (a) move out and terminate the lease; (b) withhold or reduce the rent; (c) repair the issue and deduct the cost from the rent; OR (d) remain on the premises and sue for damages.

LANDLORD TENANT ESSAY APPROACH ## Footnote **_D) LANDLORD DUTIES (Defense to pay rent or LL not doing something)_** **_DUTY TO DELIVER PREMISES_** **_IMPLIED COVENANT OF QUIET ENJOYMENT\*_** **_Breach By Actual or Partial Eviction_** **_Breach By Constructive Eviction_** **_IMPLIED WARRANTY OF HABITABILITY\*_** **_Remedies (give in habitability Rule)_** **_$Sub-issue - Retaliatory Eviction_**

A landlord may not penalize a tenant for lawfully reporting their landlord for housing code violations.

REAL-PROPERTY LANDLORD TENANT ESSAY APPROACH Flashcards

(40 cards)