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Landlord-Tenant Laws 05/05/2010 13:13:00

← Common Law, the landlord had all the power and very few
responsibilities.

← Quite enjoyment in common law is really like a warranty deed, the
landlord is not entitled unless another party is claiming superior title other
than yours.

← Majority rule (Modern Law Trend)
← Minority rule (Common law Trend)

← The Leasehold Estates: (3 different types of tenancy)

← Defining what type of lease the parties created is important!

← 1. Term of Years – a fixed period of time.
• Does not have to be measured in years
• No notice is required, it ends automatically

← A term of years may end by tenant sooner.

← If a party had the right to terminate the lease at will than the other
party can have the right to terminate as well.

← Ex. 3 yrs and 5 days after my 30th birthday.

← Ex. The lease begins on the third Friday of the given month and ends
on the first Monday of a given month.( This is a fixed formula)

← Generally the death of a landlord or tenant does not affect the lease
agreement and the estate of either party must complete the lease
agreement.

← 2. Periodic Tenancy – period of a fixed duration that continues for a
period until L/T gives notice of termination.
• L/T must give notice of ending lease.
← Ex. From month to month
← Ex. From year to year

← Lease starts 3/1, T gives L notice of intent to terminate lease, we must
have a full month of uninterrupted period, so the lease will end on 5/1. If we
have a month-to-month lease.

← If you have more than 6 month lease, you must give 6 months notice
of intent to terminate. Its caped at 6 months.

← Ex. 1/1/10 lease starts and notice must be given on or before 6/30/10
which ends on 12/31/10 with a year-to year.

← Ex. Month to month, starts 1/1/10, 1/2/10 tenant gives notice, so
lease will end on 2/28/10.

← When the tenant doesn’t take actual possession this is different.

← 3. Tenancy at Will – last so long as both landlord &tenant desire,
when either party wants out.
← Can require ending notice.
← Courts do not like Tenancy at will.
← Ends automatically at the death of either party.
← A Landlord must give a Tenant at least 30 days to clear out of the
premises, but the tenant can move out when they desire and does not need
to give notice of intent to terminate.

← Tenant can move out whenever they want.

Problem 1 pg.364

(1)The right to possession b/c of the term of years lease. No notice


required.
(2)Tenant didn’t give Landlord 6 months notice, so tenant’s liability would
end on 9/20/11. Must give at least 6 months of notice if not lease rolls over
for another year. If lease is for 2 years and no notice of 6 months or more
than the lease will rollover for another 2 years.
(3) Periodic Tenancy, at common law the period would be for a year b/c it
states an annual rental price. Modern Rule, would be month-to-month b/c
we don’t want parties to be bound to each other for more than what they
have stated on the lease. Even though annual rental is specified, if lease
provides for period rent payments, lease is a periodic tenancy for period for
which rent it due.

Garner v. Gerrish
This would have been a tenancy by will but this was a life estate given to
Gerrish. So Gerrish was to stay as long as he wanted until his death and the
estate would not be able to do anything about this.

L died so estate served tenant a notice to get out.


Livery of seisin has been abandoned.
If one party has the right to terminate than the other party has the right to
terminate unilateral.

Tenant has a determinable life estate which in common law would be at the
will of the lessor.
L’s Estate is arguing that this is a tenancy at will.
T is arguing life estate determinable.

The court looked for the intent of the parties on the lease.

Tenancy at sufferance- the T was lawfully there but is not lawfully there
anymore. Question that must be asked is if the T is a trespasser? The L can
either evict T and seek damages or create a new lease of tenancy. L has the
choice of either two options.

← Crechale Case
Lease for 5yrs
D stayed beyond the lease term. D asked P for a month-t-month lease until
his new building is finished. P accepted & cashed a check for the 1st holdover
month’s rent. P notified D that it considered D a holdover tenant & that the
lease had been renewed. D moved out & did not pay.

← When T stays passed lease term L can evict or consider T as a
trespasser or hold T for another term.

← L chose to hold D as a trespasser & couldn’t holdover as a T. By
accepting the 1st holdover month’s rent, P consented to month-to-month
extension of lease.

← L can increase rent as well.

← 1. The renewal is for a term lease whose term is calculated by period
for which rent is paid.
← 2. Might be for a term lease whose term is the same as term of the ex
pd lease, but for no longer than 1 yr.
← 3. Holdover results in a new periodic term, w/ per measured by way
rent is computed, capped at 1 yr.

← A lease for more than 1 year must be in writing by the SOF.
Subleases & Assignments;
Tenants in default 05/05/2010 13:13:00
← Civil Rights Act of 1866
← - applies to any transfer of property real or personal

Faith Housing Act 1968


← - Mrs. Murphy advertisement

← the exception 3604(a) does not apply when the owner owns 3 or less
units and if the owner lives or occupy’s one of the units.

← P must show for a prima facie case:
← - member of a protected class
← - you applied for the

← D must show:
← - S or L must articulate a legitimate reason and nondiscrimination
reason for refusal.

← P wins if P can est. D’s reason is pretextual (and no legit. Reason)

← Disparate Impact
← members of the protected classification

← occurs when you have something on its face is not discrim

← Duty or lack of duty to provide the tenant with the premises.

← Delivery of Possession
← Hannan v. Dusch

← Landlord must have the right to possession himself bf transferring to
another tenant. If not landlord is in default.

← Landlord has the duty to deliver the premises of free of any holdovers.

← CL T has the legal right of the premises. The L has the obligation to
deliver the premises.

← Sublease & Assignments
← When tenant gives up all the time up to a subtenant this is an
assignment.

← When tenant gives up 3 months or less of the lease to a subtenant this
is a sublease.

← If you as a tenant can reenter and retake possession of the premises
with the subtenant if they do not pay you have made an assignment and not
a sublease.

← L can sue T if he doesn’t get paid by privity of K.

← Ernst v. Conditt
← L  T – extension of the lease for 1 yr to T1

← Is there privity with L to T?

← T asked L to extend the lease. So L said ok as long as T was still liable
for the lease.

← Privity of the K btw L and T.
← Privity estate btw

← CL look at the actual consequences that occur.
← if tenant retained the right to reenter this is a sublease.
← no reenter and gives up whole time is an assignment.

← T  T1 assignment
← no privity of estate with L and T1

← Hypo:
← 2(b) this was an assignment by modern rule.

← Kendall v. Ernest Pestana, Inc

← L (City) T (Pestana)  T1 (Bixler) proposed assignment T1
(Kendall)

← The tenant who defaults
← - tenant in possession

← don’t try self-help repossession just got to court.

← If the T is still in possession the L cannot take possession.
← summary eviction

← Abandonment – where T expresses the intention to leave the premises
and vacant the premises and defaults in payments.

← Or T moves out and never tells L that they are planning to leave and T
stops paying the rent.

← T is no longer is possession and breaches.

← When T abandons, L has options :
← - sue for rent and L must advertise the property to rent it out and can
sue the abandoned T for the advertisement price.

← L can accept the abandonment and treat it as a surrender. A surrender
releases the T from any obligations to the L. This is if the L agrees to this.
Acts like a novation.
05/05/2010 13:13:00

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