Please enable JavaScript.
Coggle requires JavaScript to display documents.
LEASEHOLDS - Coggle Diagram
LEASEHOLDS
MITIGATION OF DAMAGES
TENANT'S RIGHTS
QUIET ENJOYMENT: COMMON LAW
LANDLORD'S DUTIES: COMMON LAW
CONSTRUCTIVE EVICTION
IMPLIED WARRANTY OF HABITABILITY: MODERN APPROACH (INJURIES WHICH RESULT FROM UPKEEP)
WHO BREACHED FIRST?
VALUE BARGAINED FOR - VALUE RECEIVED
DAMAGES, RECISSION, REFORMATION
ANALYSIS
RE-ENTRY FOR LANDLORDS: PEACEABLE SELF-HELP
POLICY: VACANT PROPERTY IS "ATTRACTIVE NUISANCE"
OBJECTIVE STANDARD: REASONABLE PERSON
LACK OF AFFORDABLE HOUSING?
CONTRACTS VS. STATUTES
FREELY ALIENABLE ABSENT EXPRESS CONDITIONS
COMMERCIAL VS. RESIDENTIAL
LANDLORD'S DUTIES
MAINTAIN COMMON AREAS
DISCLOSE LATENT DEFECTS
TO MAKE PROMISED REPAIRS
NO FRAUDULENT MISREPRESENTATION OF PROPERTY
MAINTAIN FURNISHED DWELLINGS FOR SHORT TERM
ABATE IMMORAL CONDUCT OR NUISANCE ON PROPERTY
ANY DUTY EXPRESS IN LEASE
TERM OF YEARS
INTEREST ENDS AT TERM: NO NOTICE
LANDLORD OWNS REVERSION
LASTS SPECIFIED TIME
STATUTES MAY LIMIT DURATION
PERIODIC TENANCY
NOTICE GIVEN TO TERMINATE
ONE TERM TO CANCEL (MAX 6 MOS)
RENEWS EACH PERIOD
STATUTES MAY ALLOW 30 DAY TERMINATION
TENANCY AT SUFFERANCE HOLDOVERS
LEGAL IF THE CHECK GETS CASHED
UNINTENTIONAL HOLDOVERS:
PRO RATA
OR QUANTUM MERUIT*
GUIDED BY PREVIOUS LEASE
IMPLIED LEASE
TENANCY AT WILL
NO NOTICE REQUIREMENT (EXCEPT BY STATUTE)
DEATH OF TENANT/LANDLORD TERMINATES
UNTIL ONE PARTY TERMINATES