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Real Estate Principals and Practices - Landlord Tenant
I. Landlord and Tenant:
A. Leasehold interest generally
1. Historical perspective
2. A lease whether express or implied, either residential or otherwise is
part contract and part conveyance. It is a unique legal hybrid
a. Leasehold is personal property
b. Landlord's interest is a reversionary interest.
3. Distinguished from licenses
4. Cooperatives and the proprietary lease
5. Parties:
a. Tenant
b. Lessee
c. Landlord
d. Lessor
B. Existence of relationship.
1. Express or implied.
2. Letting of the right to possession.
3. Possession pre-requisite to suit on a lease
4. Agreement for lease:
5. Writing?
a. Statute of frauds applies if over 1 year
b. evidentiary problems
6. Character of tenancy:
a. At will:
b. At sufferance:
c. Tenancy for years:
d. Periodic tenancy (or estate from year to year):
e. Holdover
7. Landlord and tenant issues:
a. Retalitory eviction
b. Condition of premises
(1) Warranty of habitability
(2) Building codes
(3) Lease provisions
c. Use of Premieses
(1) Any lawful purpose consistent with the nature of the property.
(2) Landlord's interference with use.
(3) Interference by others.
d. Assignment and subleasing
e. Constructive (or actual) eviction.
Tenant's self-help remedies for wrongful eviction
(1) Rent withholding.
(2) Rent application.
(3) Rent abatement.
f. Landlord's Self help remedies. Distraint
g. Abandonment
h. Mitigation of damages.
i. Tort Liability:
(1) Latent defects
(2) Common areas
(3) Failure to repair
(4) Tenant's activities (vicious dogs)
(a) Knowledge of dangerous condition
(b) Ability to terminate tenancy
j. Criminal acts.
(1) Reasonable Care
(2) Injury was proximate result of the breach
k. Exculpatory clauses.
C. Distinguish between type of premises:
1. Residential.
2. Commercial.
D. Types of leaseholds:
1. Common law leaseholds.
a. Commercial and industrial:
b. Agricultural
2. Statutory leaseholds
a. Residential
b. Mobile homes