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Flashcards in LandLord Tenant Deck (16)
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1
Q

LandLords Two Options

A

1) Sue to evict

2) Impose new periodic tenancy.

2
Q

Periodic Tenancy

Creation

A

1) By Express Agreement
2) By implication
3) Operation of law

3
Q

NonFreehold

Duties of Tenant

A

1) Pay Rent
2) Maintain premisses
3) Landlord Remedy
4) Avoid Waste
5) No illegal

4
Q

Tenants duties to Landlord

NV: Landlord Remedies

A

Acceptance of rent payment is not a waiver:

1) Landlord must clearly and timely express his INTENT to TERMINATE the lease, and
2) TENANT must CONTINUE to POSSESS the leased property- despite landlord’s clare notice to vacate.

5
Q

Landlord Duties

Modern:
Implied Warrant of Habitability

A

Only applies to residential

  • Needs to be REASONABLY suited for residential use.

Remedies:

1) Tenant can move out
2) Tenant can stay and sue for damages
3) Tenant can make repairs and get paid.

6
Q

Landlord Duties

Implied Convenant of Quite Enjoyment

A

Every lease includes the LL implied promise not to interfere with the tenants quite enjoyment of the lase premises.

Can be breached three ways:

1) Total eviction
2) Partial eviction
3) Constructive eviction

7
Q

Tenancy at Sufferance Holdover Tenant

A

Tenant wrongfully holds over:

1) Can treat as a new periodic tenant
2) Sue to evict

8
Q

Duties of Landlord

A

1) Duty to deliver possession of leased premises
2) Warranty of Habitability
3) Implied covenant of quite enjoyment

Common Law: LL had no duty to deliver the leased premises in habitability condition-

9
Q

Implied Covenant of Quiet Enjoyment

Constructive Eviction Requirement

A

1) Failure to provide SERVICES
2) Substantial INTERFERENCE with QUIET ENJOYMENT
3) Tenant must ABANDON within reasonably time.

10
Q

Property: lease

Condemnation

A

Partial:

  • Pay Rent: Yes
  • Award: Yes

Complete

  • Pay Rent: No
  • Award: Maybe (FMV)
11
Q

Landlord Remedies

A

1) Tenant fails to pay rent
* LL may sue for Damages and terminate the lease
* However, if LL breaches any duties to the tenant, Tenant can reduce damages

2) Tenant unjustifiably abandon
1) Accept: No further Obligations
2) Reject: Tenant Liable for deficiency

3) Acceptance of rent payment

12
Q

Landlord

Tort Liability Exception

A

1) latent Defect
2) Short term lease of furnishable dwelling
3) Common passage ways under landlord control
4) Negligent repairing undertaking by landlord
5) Public use

13
Q

Holdover Tenant

A

Arises when tenant wrongfully holdover and he is possession of property.

  • Landlord can sue for eviction, and recover damages, or elect that tenant as a new periodic tenant.
14
Q

Joint Tenancy

Severance Involuntary termination of JT

A

Whenever any of the four unities is not there

1) Time
2) Title
3) Interest
4) Possession
* Sale, Mortgage, Contract of Sale

15
Q

Landlord Remedies

Failure to pay rent

A

Modern:

* All states allow the Landlord to sue for damages and to terminate the lease, thereby evict tenant from the property.

16
Q

Periodic Tenancy: Operation of Law

Occurs two ways:

A

1) Oral lease that violates SOF

2) Holdover tenant