Chapter 37Landlord and Tenant
Figure 37-1 Only after a tenant has left voluntarily may a landlord use self help or force to evict a tenant.
1.In their strictest meaning, the terms lessor and lessee refer only to the parties to a lease. In contrast, the terms landlord and tenant are broad terms that refer to the parties under a tenancy at will as well as the parties under a lease.
2.A leasehold estate was treated as personal property at common law.
3.The leasehold estates are: (a) tenancy for years, (b) periodic tenancy, (c) tenancy at will, and (d) tenancy at sufferance.
4.A tenancy for years is an estate for a definite or fixed period of time no matter how long or how short.
5.By statute in some states, a tenancy for one hundred years or more creates a fee simple estate.
6.A periodic tenancy may be created by implication if the landlord accepts rent from a tenant whose lease has run out or who is wrongfully in possession of the premises.
7.A tenancy at will is an estate in real property for an indefinite period of time. No writing is required to create this tenancy, and it may be terminated at the will of either party by giving the proper statutory notice.
8.Another name for a tenant at sufferance is a holdover tenant. He or she is not entitled to notice to vacate.
9.A lease differs from a license in that a lease conveys an interest in land and transfers possession, whereas a license conveys no property right or interest to the land but merely allows the licensee to do certain acts that would otherwise be a trespass.
10.A lease is usually signed by both parties.
11.An assignment of a lease occurs when the lessee conveys the interest in the demised premises to another person for the balance of the term of the lease. It is called a sublease if the transfer is for a part of the term but not for the remainder of it.
12.Legislation in some states allows the tenant to pay the rent to the court, instead of to the landlord, when the property is not fit for human habitation and violates the sanitary code.
13.A retaliatory eviction is the eviction of a tenant for reporting sanitary code or building code violation to the authorities. A constructive conviction occurs when the landlord does some act that deprives the tenant of the beneficial enjoyment of the premises.
14.Names given by various states for the eviction action include summary process, summary ejectment, forcible entry and detainer, dispossessory warrant proceedings, and unlawful detainer.
15.(a) The landlord may be responsible for injury to others caused by a defect in the common areas, and (b) the tenant may be responsible for injury to others caused by a defect in an area of the building that is controlled by a tenant.
Understanding Legal Concepts
1.F, landlord and tenant6.F, lease
2.T7.F, sublease
3.T8.T
4.F, is not necessary9.F, constructive
5.T10.T
Checking Terminology
1.k5.x9.d, e, g, u, v, cc13.o17.a
2.j, n6.q, y10.w14.c18.f
3.m, z7.t, bb11.h, aa15.i19.s
4.l8.r12.p16.b20.dd
Using Legal Language
Priscilla rented an apartment to Peter under a one-year lease (contract). Priscilla was the lessor or landlady, and Peter was the lessee or tenant of the leasehold estate—that is, the interest that was conveyed by the lease. Both parties signed the contract; therefore it was a(n) indenture rather than a(n) deed-poll, which is signed only by one party. Because the arrangement was for a definite period of time, it was called a(n) tenancy for years rather than a(n) periodic tenancy (or tenancy from year to year), which continues for successive periods until one party terminates it by giving notice to the other party. A month later, Peter transferred his interest in the tenancy to Paul for a three-month period by use of a(n) sublease, which is also called a(n) underlease, It was not a(n) assignment because Peter was to return to finish the remainder of the lease. Priscilla did not deprive Paul of heat, light, power, or other services called for under the lease; therefore, no constructive eviction occurred. Paul did not pay the rent, however, which caused Priscilla to seek an eviction, which is the act of depriving him of the possession of the property. Paul continued to stay on even after being evicted, thus becoming a(n) tenant at sufferance, which is also called a(n) holdover tenant. After Paul left, Priscilla demised (leased) the premises to Prudence for an indefinite period of time, creating a(n) tenancy at will. Prudence allowed Pauline to live with her as a lodger, the latter being a(n) licensee because she had no property right or interest in the premises.
Puzzling Over What You Learned
1
2 / 3 / 4 / S
U
L / D / P
5 / 6 / 7
L E / A / SE / HOLD / ES / T / A / T E / M
E / N / M / R / E / E / M
S / D / I / 8 / I / N / N / A
T
S / 9 / O / A / A / R
L ES / S / E E
O / O / E / N / D / N / N / Y
R / R / D / A / I / C / C
D / N / C / Y / Y / E
T / J
T / F / A / E
10 / 11 / O / C
U N D / E / R / L / EA / SE / T
N / R / T / 12
V / I
13
A / W / M / N
I / L
C / N / Y / I / I / E / D
14 / 15
E J / E / C / T / ME / NT / C / E / L I / C / EN / S / E
I / Y / A / L / E / T / N
O / R / N / T
N / 16 / S UB / L / E / AS E / S / U
E / R
17
Q U / IE / T / E / NJ / O / Y / MENT / E
Caveat: Allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) whenfilling in crossword.
Across
5. The interest that is conveyed by a lease.
- Person who has temporary possession of real property under a lease.
- Lease given by a lessee to a third person for a shorter term.
- Legal action used by landlords to evict tenants at common law.
- A grant or permission to do a particular thing.
- Lease given by a lessee to a third person for a shorter term.
- Right of a tenant to the undisturbed possession of the rented property.
Down
- Legal action used by landlords to evict tenants.
- Person who owns real property and who rents it to another.
- Leased
- Estate that continues for successive periods until notice is given.
- Person who owns real property and who rents it to another under a lease.
- Estate in real property for a definite or fixed period of time.
- Estate in real property for an indefinite period of time.
- Person who has temporary possession of real property under a lease.
- Act of depriving a person of the possession of real property.
- A deed or lease to which two or more persons are parties.
- Person who has permission to do certain acts.