Lease or License
This is the defining feature of a lease that gives the tenant control over the premises.
This tenancy lasts for a fixed period and ends automatically.
What is a tenancy for years?
This doctrine requires landlords to maintain basic living conditions.
What is the implied warranty of habitability (IWH)?
This is the standard of conduct under landlord tort liability.
What is reasonable care to avoid personal injuries?
This occurs when all of the tenant's rights under the lease are transfers to the transferee.
What is an assignment?
This type of arrangement is revocable and does not create an interest in land.
What is a license?
This tenancy renews automatically unless proper notice is given.
What is a periodic tenancy?
Lack of heat or water falls into this category of required conditions.
What are vital facilities?
This exception applies when landlords fail to disclose hidden dangers.
The landlord knew or should have known of the latent defect, and was given a reasonable opportunity to repair it
This type of privity arises from the original lease agreement.
What is privity of contract?
Courts look primarily at this factor when distinguishing a lease from a license.
What is the intent of the parties?
This tenancy can be terminated at any time by either party.
What is a tenancy at will?
These are the remedies for the landlord's breach of the implied warranty of habitability.
Tenant can terminate the lease and move out
Tenant can seek damages (refund of rent Tenant has already paid)
Tenant may be able to withhold rent (or pay into court or a neutral bank account)
Tenant may get rent abatement (future rent)
Repair and deduct
Injunction or specific performance
Landlords cannot be held strictly liable, but may be held liable for this.
What is negligence?
Rule: A landlord may be liable under a negligence theory if the landlord breaches its duty to exercise reasonable care
This occurs when less than all of the tenant's rights under the lease transfer to the transferee.
What is a sublease?
Under the Covenant of Quiet Enjoyment, the landlord has a duty to -
- To provide T with the legal right to possession
- Not to interfere with the T’s physical possession (Partial actual eviction - excused from all rent regardless of how much space is deprived, except de minimus)
- Not to interfere with the T’s possession (Constructive eviction - T must give notice and move out to terminate lease)
- To make possession actually available to T
This tenancy arises when a tenant wrongfully remains after the lease ends.
What is a tenancy at sufference?
Residential T continuing to live with defects does not waive this covenant.
implied warranty of habitability
The rule for a landlord's duty regarding common areas on the premises.
What is the landlord’s implied warranty of habitability obliges him to furnish reasonable safeguards to protect tenants from foreseeable criminal activity on the premises
This type of privity makes a party liable only while in possession.
What is privity of estate?
Rule: transferee is obligated only on covenants that touch and concern land, and only so long as transferee has possessory interest
Lease OR License:
"Good, tenantable condition"
"Space demised"
"Monthly rent"
Tenancy at Sufferance can become what kind of tenancies if the landlord takes no action to get the holdover tenant out?
What is a periodic tenancy?
The MINORITY rule under the implied warranty of habitability for commercial leases.
What is there is an implied warranty of suitability by the landlord in commercial leases that the premises are suitable for their intended commercial purpose
A landlord is subject to liability for physical harm caused to the tenant or his subtenant by a dangerous condition existing before or arising after the tenant has taken possession, if he has failed to exercise reasonable care to repair the condition, and the existence of the condition is a VIOLATION of
An implied warranty of habitability
A duty created by statute or administrative regulation (LATENT DEFECT)
This occurs when there is no mention in the lease of the right to assign or sublet.
What is the implied right to assign or sublet?