Landlord and Tenant Flashcards
leasehold
estate in land, under which the tenant has a present possessory interest in the leased premises and the landlord has a future interest
tenancy for years
- continues for a fixed period of time
- writing required if lease more than one year
- automatically ends at termination date
periodic tenany
-continues for successive periods until terminated by proper notice by either party
A periodic tenancy can be created by:
(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)
termination of a periodic tenancy
- 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
tenancy at will
- 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
tenancy at sufference
- 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
Hold-Over Doctrine
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.
voluntary (affirmative) waste
tenant intentionally or negligently damages the premises
permissive waste
tenant fails to take reasonable steps to protect premises from damages from the elements; liable for all ordinary repairs (excluding ordinary wear and tear)
amerliorative waste
tenant alters the leased property, thereby increasing its value
constructive eviction occurs when
a landlord’s breach of duty renders the premises unsuitable for occupancy
To establish a claim for constructive eviction, the tenant must prove:
(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
fixture
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