Professional Documents
Culture Documents
← Common Law, the landlord had all the power and very few
responsibilities.
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← 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.
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← Majority rule (Modern Law Trend)
← Minority rule (Common law Trend)
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← The Leasehold Estates: (3 different types of tenancy)
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← Defining what type of lease the parties created is important!
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← 1. Term of Years – a fixed period of time.
• Does not have to be measured in years
• No notice is required, it ends automatically
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← A term of years may end by tenant sooner.
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← If a party had the right to terminate the lease at will than the other
party can have the right to terminate as well.
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← Ex. 3 yrs and 5 days after my 30th birthday.
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← 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)
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← 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.
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← 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
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← 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.
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← If you have more than 6 month lease, you must give 6 months notice
of intent to terminate. Its caped at 6 months.
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← 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.
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← Ex. Month to month, starts 1/1/10, 1/2/10 tenant gives notice, so
lease will end on 2/28/10.
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← When the tenant doesn’t take actual possession this is different.
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← 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.
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← Tenant can move out whenever they want.
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Problem 1 pg.364
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.
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.
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← 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.
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← When T stays passed lease term L can evict or consider T as a
trespasser or hold T for another term.
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← 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.
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← L can increase rent as well.
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← 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.
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← 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