Term
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Definition
| An estate in land under which the tenant has a present possessory interest in leased premises and the landlord has a future interest (reversion) |
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Term
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Definition
| Allows landlord to terminate lease if tenant breaches covenants |
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Term
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Definition
1. For years
2. Periodic (ex. month to month)
3. Tenancies at will
4. Tenancies at sufferance |
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Term
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Definition
Continuous successive periods
Automatically renewed until proper notice is given
Usually one full period in advance (6 mos. for a year periodic)
Ends on natural date (ex. last day of period) |
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Term
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Definition
Tenant wrongfully remains in possession after the expiration of a lawful tenancy
Lasts until the landlord takes steps to evict tenant
Evict or hold over to periodic tenancy
Commercial: 1 year
Residential: month to month
Exception: few hours, delay, seasonal uses |
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Term
| Doctrine of Waste: Tenants |
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Definition
Voluntary
Permissive
Ameliorative
Tenant is liable for all ordinary repairs
BUT, in RESIDENTIAL LEASES most likely landlord b/c of implied warranty of habitability |
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Term
| Destruction of property: Tenants |
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Definition
Without fault = no waste
Neither party has a duty to restore
Tenant must pay rent (traditional view)
Majority: tenant has option to terminate |
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Term
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Definition
T on premises: evict or sue for rent
Abandons: do nothing or repossess
Repossess: surrender or no surrender |
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Term
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Definition
Provide Possession
Majority: actual
Minority: legal
Quiet enjoyment
Implied warranty of habitability
NO retaliatory eviction or discrimination |
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Term
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Definition
Neither landlord or paramount title holder will disrupt quiet enjoyment and possession
Whole or part of parcel can be disturbed (REMEDY depends on portion disturbed)
Constructive eviction = uninhabitable |
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Term
| Implied warranty of habitability |
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Definition
Nonwaivable in residential leases
Tenant can:
Terminate
Repair and offset or
Abate rent or
Sue for damages |
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Term
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Definition
A COMPLETE transfer of the entire term
Any interest remains = sublease
Assignee and landlord have privity of estate
Privity of estate means covenants run with land
ASSIGNOR and Landlord have privity of contract |
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Term
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Definition
Sublease pays rent to lessee who then pays landlord
Not liable for rent or covenants unless expressly assumed
Cannot enforce covenants except for warranty of habitability |
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Term
| Assignment / sublease in general |
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Definition
Covenants against are construed against landlord
Waiver: landlord is aware and did not object
Dumpor's case: waives right once equals consent to future assignments and sublets unless rights are reserved
Transfer in violation of lease is not void, but landlord can terminate lease an sue for damages |
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Term
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Definition
Tenants pay assingee after notice
Burdens of estate go to assignee
Landlord remains in privity of contract |
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Term
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Definition
Common Law: No Duty
Modern
1. Must disclose hidden hazardous conditions
2. Maintain common areas
3. Duty triggered with public use
4. Duty with furnished short term leases
5. Negligent repair or contracts for repair |
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Term
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Definition
Chattel that has been so affixed to land that it is no longer personal property or a real property interest arises
An item is a fixture if the objective intention of the party who made the annexation was to make pat of realty
Factors: nature of article, manner of attachment, amount of damage caused by removal
Tenant: (1) look to agreement (2) annexed chattels must be removed by end of lease term |
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