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Landlord Tenant Law Outline

Law Outlines > Property I Outlines

This is an extract of our Landlord Tenant Law document, which we sell as part of our Property I Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Property I Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

LANDLORD/TENANT LAW

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Lease is a conveyance of an estate and a package of bilateral promises Long term leases (1 year or more) must be in writing to be valid, but if possession is transferred under an invalid oral lease, and rent is tendered and accepted, some form of tenancy has been created by those actions Lessee has all the rights of possession that the fee owner has Lessee may recover for invasion of his possession through ejectment, trespass, or nuisance Lease o Gives the grantee the right to possess the premises Easement o Gives the grantee the right to use the premises o As does a profit or a license Look at the following factors: o Intent of parties (what they call the transaction) o Uses of property allowed (less limited = lease; more limited =
easement) o Definition of space (more defined = lease; less defined = easement) o Right to rent (periodic rent = lease; lump sum = easement) o Duration (limited = lease; unlimited = easement) Lease for a year or less can be oral Easements are subject to the statute of frauds Lease is possessory, the tenant can bring actions like ejectment, trespass, or nuisance Easement holder can't, he must resort to other lawsuits

TENANCY/ESTATE FOR YEARS (MOST LEASES)

* Lease for a single, fixed term if any length

* Normally, beginning and ending dates are fixed

* May be "indeterminate" - not preciously stated, so long as the length of the term can be readily computed by reference to some formula, but if the term is indefinite, a tenancy at will may be created

* May be made defeasible on the occurrence of some uncertain future event

* To Romeo from "December 1, 1555 until November 30, 1556." PERIODIC TENANCY

* Lease for a recurring period of time and continues in existence until either party gives advance notice to the other of termination

* C/L o Required 6 months notice for year-to-year o Notice equal to the period for 6 months or less o Now, usually no more than 30 days

* Renewed automatically at the end of each period (week, month, quarter)

* Rights and duties of the original lease carry over every rent period

* "To Joe from month-to-month"

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"To Clarence for $250 a week" o Creation
? Express agreement
? Implication

* Tenant pays rent on, say, a weekly basis and nothing else is said about a lease, there's a periodic tenancy from week-to-week
? When a lease is invalid

* Through noncompliance with the statute of frauds

* Tenancy is originally a tenancy at will, but once rent is paid and accepted, it becomes a periodic tenancy
? Operation of law

* Tenant "holds over" after estate for years ends and landlord accepts rent

TENANCY AT WILL

* Leasehold for no fixed time or period and lasts only as long as both parties desire

* May be terminated at anytime by either party

* Created by agreement or operation of law TENANCY AT SUFFERANCE (HOLDOVERS)

* Tenant that stays in possession after the term has expired is no longer a lawful tenant

* Limbo between status of trespasser and lawful tenant

* Within a reasonable amount of time the landlord must either o Evict and recover damages for lost possession o Bind the holdover to a new term as a tenant DELIVERY OF POSSESSION

* Implied obligation to deliver legal right of possession o Landlord must deliver to the tenant the legal right to possess the lease premises o Landlord promises that the tenant will not be evicted by somebody with a better title to the premises than the landlord o Tenant can waive this right, either explicitly or by taking possession with knowledge of a paramount title

* Obligation to deliver actual possession?
o English Rule (adopted by most states)
? Imposes this obligation on landlords
? Landlord had the right and duty to evict holdovers and is liable to the new tenant for damages for lack of possession o American Rule (minority)
? Landlord is not obligated to deliver actual possession
? Burden of evicting holdover falls on the new tenant

* Tenant obligation to take possession o Tenant has no obligation to take possession

Buy the full version of these notes or essay plans and more in our Property I Outlines.