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LANDLORD/TENANT (Tenancies (Periodic Tenancy (Creation
Express Agreement…
LANDLORD/TENANT
Tenancies
Periodic Tenancy
Creation
- Express Agreement
- Implication: no set termination but provides rent in specified periods
- Tenant Holds Over = Periodic
- Invalid converts to periodic, not At Will
Termination
- Naturally end at end
- 1 yr = 6mos notice
- Month = 1 month notice
- MUST be in writing & delivered
Period
- Continues y2y (wk/mo) until proper notice
- Termination always uncertain
- No length limitation bc each can terminate upon notice
Tenancy at Will
Creation
- Either may terminate
- Unless EXPRESSLY agreed, court treats as Periodic
Termination
- By either party
- Majority = reasonable notice
- Death, Waste, Assign, L transfers interest or term lease to 3d
Period
- Both must have right to terminate
- Implies right to T but not to L
Tenancy for Years
Creation
- Written if over 1 year
- Limited to 51 (farm) & 99 (urban) years
- If over or option, void
Termination
- Automatically
- If T breaches, L "right of entry"
- Surrender
Fixed Period
- Can be 10 days or years
- States some period of duration
- No notice
Tenancy at Sufferance
*T wrongfully remains
- Occurs after term or L exercises
- Liable for rent
- Lasts until eviction
Hold Over
- Evict
- Same terms & cond
- Comm Lease: yrly if over
- Res Lease: monthly or weekly
- L may change terms prior unless T surrenders
- L may double rent if T remains willfully
-
T Duties & L Remedies
No Illegal Purpose
- Only when continuous
- L may terminate & seek damages if w/in reasonable time
Pay Rent
- At CL, due at end of term
- Early termination = proportionate amount
Repair (Waste)
Types
Permissive
- Duty to make ordinary repairs but not substantial
- Res: No code violations, no vermins, use eqmt in reas manner
Ameliorative
- NO substantial alterations
- Liable for cost to restore
- If time significantly reduces, allowed if increases, long-term T, & reflects area
Voluntary
- Intentionally/Negligently damages the premises
- Exploits minerals on the property
Destruction w/o Fault
- At CL, T still has duty to pay rent
- Majority, T may terminate
T Liability
- Res: L liable for repairs
- Comm: T covenant to repair enforceable
- "Maintain/Repair" is not "Rebuild"
- Covenant to repair by T includes wear & tear
L Remedies
On Premises & No Rent - Evict or Sue
- T cannot raise counter claims
- L may put lien on personal property
T Abandons - Do Nothing or Repossess
- Mitigate by reletting
- Surrender = no rent but lack of = liable
- Repossess for self = Surrender
- Repairs,and attempts to sublet is not Surrender
L Duties & T Remedies
IWH
- Reasonably suitable for human residence
- T may terminate
- Make repairs & offset with rent
- Abate
- Seek damages
Retaliatory Eviction
- L may not terminate or retaliate
- Presumed if done 90/180 days
Quiet Enjoyment
Partial Actual Eviction
- T excluded from PART
- If evicted by L, ENTIRE rent
- If by 3d person, PART rent
Constructive Eviction
- L breach renders premises unsuitable
- T substantially and materially deprived
- T gave notice and reasonable time to repair
- T vacated premises
- T may terminate and seek damages
Actual Eviction
- L, paramount holder, or HO T excludes T from ENTIRE
- Terminates rent obligation
Discrimination
- Bars based on race, ethnicity, religion,
national origin, gender, disability, and families with children
- Does not apply to religion, private, & owners who have 3 or less single-family dwellings or who have an owner-occupied apartment with 4 or less units
Deliver
- Maj: must put T in ACTUAL possession
- Min: right to possession
- Determines who evicts Hold Over T
- Recover damages
Assignments/Subs
Covenants Against
- Must be specific to prohibit
- L waives covenant if known & no objection
- Continued waiver unless reserves right
- An Ass/Sub is not void if in violation
- Min: L may not unreasonably w/hold consent
Assignment by L
- L has right to assign rent/reversion
- L remains liable for covenants
Cons of Subs
- T of Sub
- Covenants in main lease do not run
- Terminates if L terminates original
- Sub may expressly assume covenants
Cons of Assign
- Same terms as original & may reserve "reenter"
- Acts, rent, duration run with land
- Privity with L ends when Assignee reassigns
- Assignee making promise to T for rent allows L to sue