Property - Landlord Tenant

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Property - Landlord Tenant
2012-07-10 17:41:35
Property Landlord Tenant

Property - Landlord Tenant
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  1. Types of Tenancies 
    • Fixed Term
    • Periodic
    • Estate at will
    • Sufferance 
  2. Valid Lease?
    May be oral if under one year

    • If more, SOF:
    • Writing
    • describe the property
    • identify the parties
    • be signed by the party to be charged
    • contain words indicating intent to transfer
    • be notarized
    • set forth the price 
  3. Abandoned Property (Landlord Tenant)
    May bring action that rent due remainder of term, but also reaonsbable efforts mitigate by reletting. 

    • Remedy for Landloard -
    • Rent under the breached lease for the period reasonably necessary to relet
    • Different between original and new rental amounts
    • reasonably anticipated consequential damages
  4. Security Deposit
    Commercial - No checklist, conditions, terms needed
  5. Bailment
    Delivery of personal property by the bailor to the bailee upon express or implied contract. Goods must be redelivered to the bailor upon completion of contract

    Duties - Based on relationship 
  6. Fixture
    If intention of attaching chattel was to permanently improve the real estate, the chattel will become a fixture and pass with the land when it is conveyed, leased, or mortgaged.

    The greater the degree of annexation of the chattel to the realty, the stronger the indication that the annexor intended to permanently improve the property. (Look to manifest intent of annexor at the time of annexation)

    Tenants are permitted to remove fixtures they install if they do so before expiration of the lease and repair any damage cause by the removal 
  7. Waste (Tenant Duty)
    A tenant is liable to the landlord for voluntary waste, whic results when a tenant intentionally or negligently damages the premises.

    Also: Permissive waste - a duty to protect 
  8. Duty of Landlord - Not to make preises unihabitable (common commercial and residential rule)
    If the landlord does an act or fails to provide some service that he legally must provise, making the premises uninhabitable, the tenant may terminate the lease and seek damages.

    • The
    • (1) action or failure to act must be
    • (2) the landlord's, and
    • (3) the property must be unihabitable
    • (4) the landlord must have notice
    • (5) the tenant must move out within a reasonable time
  9. Right of Entry (Landlord Tenant)
    Estate for years? Landlord reserves a right of entry, which is the right to terminate the lease if the tenant breaches any of the leasehold covenants.
  10. Unlawful Detainer
    Must give 10 days notice for unlawful detainer action for tenant's breach of a lease covenant. 
  11. Landlord Liability for defects
    • Landlords are liable for losses:
    • (1)resulting from latent defects,
    • (2) common area defects,
    • (3) and defects resulting from the landlord's negligent repairs or failure to comply with his covenants to repair.