Landlord and Tenant Flashcards

1
Q

leasehold

A

estate in land, under which the tenant has a present possessory interest in the leased premises and the landlord has a future interest

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2
Q

tenancy for years

A
  • continues for a fixed period of time
  • writing required if lease more than one year
  • automatically ends at termination date
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3
Q

periodic tenany

A

-continues for successive periods until terminated by proper notice by either party

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4
Q

A periodic tenancy can be created by:

A

(i) Express agreement (L leases to T from month to month)
(ii) Implication (L leases to T at a rent of $1,000 payable monthly)
(iii) Operation of law (T remains in possession after the lease expires, and L treats it as a periodic tenancy)

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5
Q

termination of a periodic tenancy

A
  • automatically renewed until proper notice of termination is given
  • usually notice must be one full period in advance and timed to terminate the lease at the end of a period (e.g., the usual month-to-month tenancy can end only on the 30th or 31st)
  • for a year-to-year lease, six months’ notice is required
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6
Q

tenancy at will

A
  • terminable at the will of either the landlord or tenant

- most state require notice and a reasonable time to quit, but some states don’t require notice

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7
Q

tenancy at sufference

A
  • arises when a tenant wrongfully remains in possession after the expiration of a lawful tenancy
  • lasts only until landlord takes steps to evict; no notice required
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8
Q

Hold-Over Doctrine

A

If a tenant continues in possession after his right to possession has ended, the landlord may:

(i) evict him, or
(ii) bind him to a new periodic tenancy.

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9
Q

voluntary (affirmative) waste

A

tenant intentionally or negligently damages the premises

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10
Q

permissive waste

A

tenant fails to take reasonable steps to protect premises from damages from the elements; liable for all ordinary repairs (excluding ordinary wear and tear)

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11
Q

amerliorative waste

A

tenant alters the leased property, thereby increasing its value

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12
Q

constructive eviction occurs when

A

a landlord’s breach of duty renders the premises unsuitable for occupancy

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13
Q

To establish a claim for constructive eviction, the tenant must prove:

A

(i) The landlord breached a duty to the tenant;
(ii) The breach substantially and materially deprived the tenant of her use and enjoyment of the premises
(iii) The tenant gave the landlord notice and a reasonable time to repair; and
(iv) After such reasonable time, the tenant vacated the premises

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14
Q

fixture

A

a chattel that has been so affixed tot he land that it has ceased being personal property and has become part of the realty; passes with the ownership of the land

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