Chapter 27 Landlord/Tenant Relations

 

  1. Lease– Contract between lesses and lessor; legally binding; describes type of lease and all conditions/terms (covenants)
    • lesee– tenant
    • lessor– landlord
  2. Types of Tenancies
    • Tenancy– the interest and rights you have in the possession of real property
    • Tenancy for Years– the right to occupy property for a fixed period of time (1 yr -99 yrs)
      • primarily used busines leases
      • must be in writing
    • Periodic Tenancy– based on a set period of time, automatically renews itself (month to month)
      • to cancel, you must provide in writing nootice of 30 days
    • Tenancy at Will– interest in real property that continues for an indefinite period of time
      • no written agreement is required to create this tenancy
      • ex: children at home, family members
      • terminated when either the landlord or the tenant give proper statutory notice
    • Tenancy at Sufferance– when an individual/family illegally stays in real property- hold over tenant
      • must use eviction to remedy this tenancy
  3. Covenants of a Lease
    • General Covenants– location, amount, due dates
    • Decoration and Repairs
    • Assignment and Subletting
    • Security Deposit
    • Destruction by Fire
    • Termination of Lease
    • Renewals
  4. Breach of the Lease
    • Breach– termination of a lease by one party
      1. failure to pay rent (tenant)
      2. failure to provide basic services (landlord)
    • Eviction– court order removing a tenant from the possesion of real property (landlord)
      • takes 90 days to evict
    • Constructive Eviction– “warranty of habitability”
      • basic services- hot water, heat, running water, electricity
      • tenant can legally terminate the lease based on the lack of basic services

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