Real Property: Landlord Tenant Law
Tenancy at Will
"To T for as long as L desires." Needs express creation and tenant needs notice and reasonable time for when it terminates.
Four Leasehold Estates Y,P,W,S
(1) Tenancy for Years (2) Periodic Tenancy (3) Tenancy at Will (4) Tenancy at Sufferance
Ameliorative Waste
A life tenant must not engage in acts that will enhance the property's value UNLESS all future interest holders are KNOWN and CONSENT.
Privity of Estate
A mutual or successive right or interest in the same real property
Is a Chattel A Fixture that must pass with land? I = NMDA
An item is a fixture if the party who installed it intended to make the item part of the reality. Intention is determined by A chattel is fixed if: 1. nature of the article 3. manner of attachment, 4. amount of damages if removed a 5. adaption of the item to use of the realty
Implied Warranty of Habitability
Applies only to residential leases. Nonwaivable. Premises must be fit for basic human habitation.
Partial Eviction (Landlord v. Paramount Leaseholder)
BY L receives T of complete duty to pay. By (paramount lease holder, T still must pay whatever is reasonable rental value of the portion they continue to posses.
After L has assigned to L2, who is liable if a paramount lease holder ejects T
Both L and L2. L2 because Covenant of QE is a covenant that runs with the land so L2 is liable. L1 because L1 remains liable for everything in the lease.
Assignment by Tenant (OG - Assignor) to (Assignee) Consent? Privity of Estate Liability for Covenants that Run Privity of K Liability for Covenants in K.
Consent of landlord to assign lease to a new tenant may be required Privity of Estate Assignee and Landlord are in Privity. (Assignee can absolve themselves of Privity of Estate if they sublease to someone else) Liability for Covenants that Run - Assignee liable for covenants that run with the land. Privity of K Original tenant remains liable for rent Liability for Covenants in K - Original T liable for rend and all other covenants in the lease.
Sublease by Tenant Consent Privity of Estate Privity of K Liability for Covenants
Consent: Landlord's consent may be required by lease. Oral consent is okay. Privity of Estate: Original tenant remains in privy of estate with landlord. Privity of K: Original tenant remains in privity of contract Liability for Covenants in Lease: Original Tenant remains liable for rent and all other covenants in the lease and the ones that run with the land.
Doctrine of Constructive Eviction IUV
Injurious acts were caused by landlord, Premises are uninhabitable T vacates in a reasonable time
Landlord Tort Liabilty CLAPS
L has duty to maintain common areas Warn L of latent Defects Assumption of Repairs- once starts must finish well Public Use rule - if a public space L has higher duty Short Term lease or furnished lease - L's are responsible for any defect.
Landlord Duties to Tenant (7) CHANPED
Landlord has a duty to: Duty to control common areas Implied Warranty of Habitability Duty to Abate Nusiance Deliver Possession Implied Covenant of Quiet Enjoyment Disclose Latent defect.
Implied Covenant of Quiet Enjoyment
Landlord will not evict by either: Partial physical exclusion Constructive Eviction Runs with the land.
Periodic Tenancy
Lease for period of fixed time that continues for succeeding periods until L or T gives notice of its end with NOTICE OF TERMINATION Termination: Notice must be equal to the period itself. Created Expressly or Impliedly
Implied creation of periodic Tenancy
Leased land with No mention of duration, but rent is set at intervals Oral term of years Hold over.
Privity of Contract
Liable for original contractual obligations like paying rent.
Breach of IWH MRRR - options
Move out and terminate lease Repair and deduct costs of repair from rent Reduce Rent or withhold all rent until court determines fair rental value Remain in possession, pay full rent and seek money damages
Novation Effect on Assignment
Novation between New party and original contracted party may end the L1 or T1's privity of contract and covenants of K
L assignment, then T sells land Effect of selling land that has been assigned
Privity of Contract remains but Privity of Estate does not.
Covenants that Run with the Land
Promises to do a physical act such as repair or maintain. Burden WITHN Benefit WITV
Permissive Waste
Results from failure to take reasonable care to protect the estate
Security Deposits Assignment by L.
Security deposits do not touch and concern the land (unless the lease provides that the deposit will be used for repair to damaged property), so the new landlord is not liable for returning the security deposit.
Restraints on Alienation
Strictly construed. So if terms say no assignment, you can still sublease.
Sublease v. Assignment
Sublease - tenant retains a right to return (right of re-entry doesn't count, this is still an assignment) Assignment transfers interest in whole
Breach of ICQE SING
Substantial Interference Notice Goodbye
Tenancy at Sufferance (Holdover)
T wrongfully stays. L can evict or bind T. T will be bound to whatever rent amount L told them about last and duration depends on previous Lease (cannot exceed one year)
Assignment by Landlord Consent? Privity of Estate Liability for Covenants that Run Privity of K Liability for Covenants in K.
Tenant does not need to consent to assignment. Notice is good though. Privity of Estate:Assignee (New L) and T are in Privity of Estate Liability for Covenants that run with the land - Assignee L2 liable to T Privity of K: Assignee(New L) remains liable to T on all covenants. Liability for Covenants K - Original L Liable for all in lease.
Tenants Duties to Landlord P,R,I,W
Tenant has a duty to: Pay Rent repair the premises when the K is silent. not Use for illegal purposes Not to waste APA
Affirmative Waste
Waste caused by voluntary conduct, which causes a decrease in value
Tenancy for Years
a leasehold interest for a definite period of time exceeding one year. Landlord had a right of re-entry on breach of lease, or no rent,