Term
| Tenancy for Term of Years |
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Definition
| a tenancy for a fixed period contains a start and end date. It can be one day or 50 years, it just needs a fixed period. |
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Term
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Definition
| A tenancy arrangement that continues on a week-to-week or month-to-month basis with no clear termination date fixed. This sometimes occurs when a tenant continues to occupy a dwelling after the end of a lease. The death of a landlord/tenant holds no effect to this type of tenancy. |
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Term
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Definition
| occupation of real property owned by another until such time as the landlord gives notice of termination of the tenancy (usually 30 days by state law or agreement), which may be given at any time. A tenancy at will is created by agreement between the tenant and the landlord, but it cannot be transferred by the tenant to someone else since the landlord controls the right to occupy. |
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Term
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Definition
| arises when a tenant remains in possession (hold overs) after termination of the tenancy. |
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Term
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Definition
| the situation when a tenant of real estate continues to occupy the premises without the owner's agreement after the original lease or rental agreement between the owner (landlord) and the tenant has expired. The tenant is responsible for payment of the monthly rental at the existing rate and terms, which the landlord may accept without admitting the legality of the occupancy. A holdover tenant is subject to a notice to quit (get out) and, if he/she does not leave, to a lawsuit for unlawful detainer. |
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Term
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Definition
a. Evict you
b.The landlord can bind you to a new lease
c.On the other hand when a tenant goes to the landlord and asks for a lease on a month to month basis and offers payment for M2M once the landlord accepts the payment a new lease for whatever term can’t be reinforced.
d.Certain leases also stipulate the landlord further right including raising the price of rent or modifying certain lease terms without any prior notification or consent. |
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Term
| How can Term of Year Tenancy end prior to lease |
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Definition
a.Non-payment of Rent
b.Using the property for business instead of personal |
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Term
| If a tenant holds over, what type of tenancy can occur? |
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Definition
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Term
| For Periodic Tenancy how much notice is needed? When can termination date be effective? |
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Definition
1.6 months’ notice is required to end a year to year lease. Otherwise it’s at least one full period’s notice.
2.Notice must make the lease terminate on the final day of the period, not in the middle of the period. |
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Term
| When does a tenancy at will terminate? |
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Definition
a.When either party gives notice
i.Usually need 30 days’ notice, or a time equal to the interval between rent payments.
b.When one of the parties dies |
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Term
| What does the Stature of Frauds say about leases more than a year? |
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Definition
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Term
| What is the difference between the English and American rule in regards to placing tenant in possession? |
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Definition
American Rule:
1.It’s not the landlord’s fault a tenant wrongfully held over. The plaintiff must sue the holdover tenant.
2.Landlord only has a duty to put the tenant in legal possession, not actual possession.
English Rule:
1.The landlord has a duty to deliver possession, so the plaintiff must sue the landlord. |
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Term
| WHat is a sublease? Relations of privity of Estate and Privity of Contract? |
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Definition
1.Tenant conveys some or all of the leased property to a third party for less than the original tenant’s lease term.
a. Privity of contract still exists between landlord and original tenant.
b. Privity of estate still exists between landlord and original tenant
c. Privity of estate exists between the original tenant and the sublessor. |
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Term
| WHat is a assignment? Relations of privity of Estate and Privity of Contract? |
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Definition
Tenant conveys some or all of the leased property to a third party for all of the remaining term.
a. Privity of contract exists between the landlord and the original tenant.
b. Privity of estate exists between the landlord and the third party tenant. |
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Term
| When can a LL withhold consent to an assignment? |
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Definition
| Financial responsibility; Suitability of the use; Legality; Need for alterations; Nature of the occupancy: |
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Term
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Definition
| the legal transfer of title of ownership to another party |
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Term
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Definition
| a clasue requiring the lessor's approval before an assignment can take place |
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Term
| What have the courts done to discourage self help? |
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Definition
| Summary proceeding- When cases are to be adjudged promptly, without any unnecessary form, the proceedings are said to be summary. |
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Term
| Traditional View on LL responsibility if tenant defaults on rent |
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Definition
| a. There is no need to try to mitigate – re-rent the apartment – because there is already an agreement in place for it. |
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Term
| Modern view on LL responsibility if tenant defaults on rent |
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Definition
| a. Simply as a matter of fairness, the landlord cannot let the apartment sit there. He must take diligent steps to try to re-rent it. |
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Term
| According to common law, when can a LL use self help? |
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Definition
1. LL legally entitles to possession
2. LL uses no more force than necessary |
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Term
| WHat is the covenant of Quiet Enjoyment |
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Definition
(commercial and residential leases)
a.Neither the landlord, nor anyone with a superior title would interfere with the tenant’s possession and/or use of the property. |
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Term
| Traditional View on the Covenant of Quiet Enjoyment |
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Definition
Landlord can’t do anything to bother you, or interfere with your possession and use of the property.
i. Theory that a lease is a conveyance. |
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Term
| ModernView on the Covenant of Quiet Enjoyment |
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Definition
Includes action or inaction by the landlord that renders the premises unsuitable for the leased purpose.
i. Theory that a lease is a contract. |
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Term
| What is the implied Warranty of Habitability |
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Definition
(Residential Only)
a.Landlord, by leasing the residence, implies that the premises will be safe, clean and fit for human habitation.
b.Usually used as a defense by a tenant who has defaulted and is sued by the landlord. |
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Term
| Traditional View if Implied Warranty of Habitability |
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Definition
i. Tenant took the property “as is,”
ii. Landlord had no duty to ensure the property was fit to live in.
iii. Theory that a lease is a conveyance. |
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Term
| Modern View if Implied Warranty of Habitability |
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Definition
i.Landlord must ensure the premises are habitable.
ii.Hilder v. St. Peter – Sewer basement.
iii.Theory that a lease is a contract. |
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Term
| Repair and Deduct Statute |
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Definition
i. Tenant must give the landlord notice of the problem; and give him reasonable time to fix it.
ii. Usually you can only do it once a year; and
iii. The repair cannot cost more than one month’s rent. |
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Term
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Definition
a. Landlords traditionally could evict for any reason, and once tenants got some rights, and started exercising them, landlords began giving notice to their tenants telling them to get out.
b. Landlord must give a good reason for eviction. |
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Term
| Traditional View of LL Tort liability |
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Definition
i. Once the property is conveyed, the tenant assumes all tort liability.
ii. Theory that a lease is a conveyance. |
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Term
| Modern View of LL Tort liability |
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Definition
LL torts liability includes liability for acts of a 3rd party where the risk of injury is forseeable and the LL has failed to take steps to resolve the issue.
1. Public Purpose – high traffic areas
2. Common Areas
3. Latent conditions unknown to the tenant
4. Criminal conduct on the property |
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Term
| What are the tenants duties? PDRC |
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Definition
1. Obligation to pay rent
a. Exceptions: constructive eviction, inhabitability
2. Duty not to Disturb
a. One incident is not enough to uphold an eviction.
b. It has to be something that is ongoing, or often enough to be a problem.
3. Duty not to commit waste
4. Duty to repair
a. Traditionally, the tenant had an obligation to make most repairs.
b. This has primarily been abandoned, because the landlord is in a better position to make the repairs. |
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Term
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Definition
a. Permissive Waste: The tenant allows the property to deteriorate as a result of the elements (rain, etc.)
b. Ameliorative Waste: This is making improvements to the property without the landlord’s knowledge/permission.
c. Affirmative Waste: The tenant purposefully destroys the property
d. Fixtures:
i. Tenant cannot remove them – even if he installed them. |
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Term
| Describe Rent Stabilization |
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Definition
1. For each unit, a base rent is established. This is the rent that tenants are paying at the time
2. After the base date, there will be an annual increase.
3. Benefits:
a. Limit the increases in rent
b. Provides some security for long-term tenants
4. To remain constitutional, there must be a process to ensure a good return for the landlord.
a. Vacancy Decontrol – reset rent once a tenant leaves. |
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Term
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Definition
1. If you’re going to develop residential rental units (like apartments), you have to develop a certain amount (%) for low or moderate income people
a. To prevent all the poor people from congregating in one area
b. Take advantage of the expertise of the people who build and develop housing.
c. Density bonus to the contractor – build 46 instead of 40 apartments. |
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Term
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Definition
1. Gentrification – a community has an area that is run-down and they want to improve it.
2. Can use the power of eminent domain to consolidate land. |
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Term
| According to modern law, when can a LL use self help? |
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Definition
Modern law serious breach of contract allows for LL interference.
A LL can use self help without incurring liability for wrongful eviction if:
1. LL legally entitled to property
2. LL means of reentry are peaceable |
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Term
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Definition
| the physical ouster of a tenant from the leased premises; the tenant is relieved of any further duty to pay rent |
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Term
| If a mid-lease termination occurs what four things can a LL do? |
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Definition
1. Treat lease as continuing, do nothing and sue the tenant for back rent
2.treat the lease as continuing and r-let premise and still hold original tenant iable for back rent
3. accept surrender and re-let on landlords account |
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Term
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Definition
| LL renovates property and makes some of the leased premises part of a common area. |
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Term
| Four elements of constructive eviction |
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Definition
1. intentional act/s of LL that breach a duty owed to the tenant
2. cause substantial interference with the tenants enjoyment of property
3. tenant vacates
4. vacates in a timely manner |
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Term
| Two Options for Tenant when a LL breaches the covenant of Quiet Enjoyment |
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Definition
1. stay in the leased premises and sue for damages
2. vacate the premise and treat the breach as a constructive eviction |
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Term
| 3 Elements of a successful Warranty of Habitability Claim |
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Definition
1. LL must have notice of defect
2. Defect must be substantial
3. LL must be given a reasonable time to repair |
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Term
| IF a LL breaches the warranty of habitability the tenant can? |
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Definition
1. withhold rent until repairs are made
2. sue the LL to collect damages
3. Repair and deduct |
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Term
| Elements of a retaliatory eviction: |
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Definition
1. enactment of housing code
2. LL business being leasing premises
3. Tenant not being in default
4. LL motive for eviction being tenant reporting the code
5. tenants report being made in good faith |
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Term
| Common law approach to assignments |
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Definition
| Privity of estate attaches to whom is in possession on the last day of the lease |
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Term
| Modern law approach to assignments |
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Definition
| Privity of estate goes to whom still retains interest |
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