F. Landlord Tenant

Formal Agreements

• If a lease is 1+ year, half a year's notice is required to terminate.
• If a lease is less than a year, notice equal to the lease term but not exceeding six months is required.
• A unilateral lease termination power can be added to a periodic tenancy.

Tenancy at Will

• A tenant lives in a property without a formal agreement, with a flexible arrangement.
• The landlord or tenant can terminate the agreement at any time.
• A unilateral power to terminate a lease can be added to a term of years tenancy.
• The death of the landlord or tenant affects a tenancy at will.

Tenancy at Sufferance

• Arises when a tenant remains in possession after the termination of the tenancy.
• The tenant is not staying without permission but has stayed over the anticipated lease end.
• Common law gives the landlord two options: eviction (plus damages) or consent (express or implied) to create a new tenancy.

Landlord's Duties, Rights, and Remedies

• Covenant of Quiet Enjoyment: implied in every lease, guaranteeing the tenant's peaceful possession of premises and the landlord's non-interruption.
• Breach of Covenant of Quiet Enjoyment: constructive or actual eviction.
• Implied Warranty of Habitability: an unstated guarantee that a rental property complies with basic living and safety standards.
• A breach of Implied Warranty of Habitability does not require eviction, and the tenant can seek contract rescission, partial or full damages, various injunctions, and specific performance.

Fair Housing Act and Unlawful Discrimination

• The Fair Housing Act prohibits discrimination based on race, color, religion, sex, familial status, national origin, or handicap in the sale or rental of a dwelling.
• Discrimination includes refusing to sell or rent a dwelling, discriminating in the terms or conditions of sale or rental, and making discriminatory statements in advertisements.
• The Fair Housing Act covers various forms of discrimination, including refusing to make reasonable modifications to premises and failing to make reasonable accommodations in rules or practices.

Eviction

• Actual Eviction: the legal process of physically removing a tenant from property.
• Constructive Eviction: the tenant is forced to leave due to the environment being bad for their welfare.
• Factors to consider in Constructive Eviction: leased premises conditions breached the Covenant of Quiet Enjoyment, substantial to justify the tenant leaving, and leaving in a reasonable time.

Lease Analysis

• Consider the following when analyzing a lease:
  • What does the lease contain?
  • What was the party's intent?
  • Common law and/or statute applicability.
  • Remedies available.

Sublease and Assignment

• Sublease: transferring all or a portion of the premises for less than the entire lease term.
• Assignment: transferring the tenant's entire obligations under a lease and dealing directly with the landlord.
• Principles of consent, waiver, and breach in lease agreements:
  • The law generally supports the transfer of rights.
  • Landlords can include explicit demands against assignment or subletting in leases.
  • Failure to obtain the landlord's consent can lead to a breach of covenant, allowing landlords to seek damages or initiate eviction proceedings.

Novation and Privity

• Novation: when a tenant signs a lease over to another party, which assumes the responsibility for rent and the liability for any subsequent damages to the property.
• Privity of Estate: a lawfully recognized relationship between the landlord and tenant regarding an interest in land.