XXX is a Leashold Estate that has a XX and ZZ

1. Term of years - Known end date, ends automatically
2. Periodic Tenancy - unknown duration, automatic renewal
3. Tenancy at Will - terminated by either, no notice
4. Tenancy at Sufference - wrongfully still there, not trespassing - still cannot use self-help 

Lease = landlord/tenant relationship; specified period, $ consideration, must use courts and police to evict

License = limited right to use property - no dominion and control - revocable at will - no writing required - can use self-help to evict

1. Expectation of parties
2. Services and amenities provided
3. Limits on use
4. Control over premises
5. Shared use of facilities
6. Length of stay
7. Payment pattern - at end=license, at start=lease
8. Purpose of invitation
9. Designation of specific space by owner

Leases over 1 year need to be in writing

Leases under 1 year can be oral or written

Parties

Premises

Rent and other charges

Length

Restrictions

Responsibilities -maintenance, alterations, improvements

Right to transfer

Remedies in event of default

Traditional rule - duty to deliver only the right of possession, not actual possession

Modern Rule - duty to deliver actual possession

Prohibits discrimination based on:

• race
• color
• national origin
• religion
• sex
• handicap
• familiar status

Unlawful to:

1. refuse to rent
2. change terms, condition, or privilege to rent
3. represent that dwelling is not available
4. Publish an ad indicating preference or limitations of prospective tenants

1. Plaintiff established prima facia case of discrimination, showing protected class and that they were treated differently
2. Defendant evidence of a legitimate, non-discriminatory reason (poor credit, etc)
3. Plaintiff has opportunity to show that stated defense reasons are only pretext

• If lease is silent, tenant can transfer all or a portion of possessor interest

• Landlord can still limit or prohibit transfer rights in the lease when in writing for residental

• Assignment - transfer full remaider of lease to another
  • LandLord and assignee has privity of ESTATE not contract - can sue assignee or original tenant
• Sublet or sublease - transfer less than the full remaining time of the lease - may also exist if tenant retains right to re-enter if sublease is violated
  • LL and subtenant do NOT have privity of estate or contract - LL cannot sue subtenant for rent

Cannot unreasonably withhold transfer - does not matter if written or not in lease

can withhold if not credit worthy, wrong purpose for building/land, legality, need for alteration of premises, nature of the occupancy (competing businesses)

Landlord can sue for back rent and possession, cannot use self-help

Can accept surrender OR

Re-let on the tenants account OR

Sue for back and future loss rent but must show tried to mitigate

Advertise

Get unit ready

Show the unit

Employ real esate agent

Treat the unit as any other unit

Limit the amount required for security deposit

Require separate account for deposit

Require return of deposit in reasonable time

Regulate deductions for damages beyond traditional wear and tear

Landlord substantially interferes with tenants quite enjoyment such that the tenant stops paying rent and moves out in reasonable time

Constructive because USE of property

Actual if POSSESSION of property

Implied in every residential lease - fit for human habitiation, LL must repair any defect for essential functions of living

Issues to consider:

1) Standards - essential vital to life

2) Notice

3) Non-waivable - cannot lease this away

4) breach

DOES NOT APPLY TO COMMERCIAL LEASES

Criminal background

Credit background

Income

Job or student

Past rental history

Can consider citizenship but not nationality