Landlord and Tenant

4 non freehold estates they all include paying rent

nonfreehold = estates in land created by a conveyance
conveyance (1) independent covenants and (2) destruction of premises the tenant still has to
pay his rent even if the landlord doesnt keep his promise (e.g. to pay rent) or if the property is
destroyed
- There is a modern tendency to move away from independent covenants and destruction
of premises
o (1) warranty of hospitability (2) destruction of premises
- leasehold distinguished: the tenant is entitled to exclusive possession for term of the
lease
- hotel guests and people parking at parking spots usually have a license, not a leasehold
estate
Tenancies
Statute of Frauds
- CL = if lease > 3 years need to be in writing (or else its an Estate at Will)
- US = In the US its 1 year
- If lease is to commence in the future time courts usually say the time is calculated at
start of lease. Sometimes the courts start the time from when the agreement is made on
a K argument.
- (A) Initial fixed price + (B) Option to Renew courts are split on how SoF applies.
Generally, courts say that A+B can be added together together. So A+B > 1 year, the
renewal is invalid. Minority rule is that if the fixed period is a year, then its valid.
- Noncompliance, doesnt necessarily make the statute void.
- If (a) tenant takes possession + (b) entry is made w/ the landlords permission, its a
Tenancy at Will.
- However, (a)+(b)+(c) [tenant pays additional rent] = Periodic Tenancy
Estate for Years [Tenancy for Years]
- Most common leasehold estate.
- Only estate for a fixed period of time
- No notice to terminate b/c the estate has its own termination clause
- No additional notice of termination request
- No Max duration (could be 1000 years) (some states put limits on certain types of
though)
Periodic Tenancy
- Continues from one period to the next automatically until a party terminates (year-toyear, month to month, week-to-week etc.)
- Continues indefinitely
- Usually created by inference (can be created expressly)
- If lease is invalid, (violation of statute of frauds, state req. etc.) its turned into a Tenancy
at Will, but after the first payment, its a Periodic Tenancy courts arent sure how to
determine the length of the period.
- Termination: At CL, Notice must be given 6 moths prior and if period is shorter than 1
year, it requires a full period notice. The Notice must specify the end of the period (the
termination date) // Modern courts usually require 30-days notice, the notice must
specify the end of the period; if notice is inadequate, its automatically effective as to the
end of the following period.
Tenancy at Will
- No stated duration
- Termination: Can be terminated at any time by either party / also @ death of either
party; also conveyance of reversion by landlord
- No Notice required (but modern may give tenant a right to prior notice)
- Usually created by implication.
Tenancy at Sufferance

Only occurs when tenant holds over @ the end of a valid lease
Landlord has right of election (evict or elect new term)
In CL, the landlord can exercise election even a day after the end of leave. (Modern:
courts sometimes recognize extenuating circumstances.
Partial Holdover generally considered holdover of entire premises
Oral notice of election = sufficient; if tenant pays rent and landlord accepts = sufficient
landlord can waive elections (e.g. if negotiations for new tenancy extends past date of
lease)
holdover term = same as original (except length)
election = binding

Tenants Right
Delivery:
- CL = Landlord is obligated to deliver legal right to possess and actual possession
- Modern = landlord is obligated to just deliver legal right (slight majority for this view)
Right of Quiet Enjoyment:
- 2 ways of interference (1) Claims of Paramount Title (2) Interference by Landlord or 3rd
person.
- (1) Claims of Paramount Title
o ways to violate 1. Landlord doesnt have title 2. Landlord has title but leased
premise to someone for overlapping period. 3. Landlord has life estate which may
expire before the end of the term 4. Landlords title is subject to termination.
- (2) interference by landlord to 3rd person.
o If landlord interferes or aids the interference, theres a breach of the covenant of
quiet enjoyment. This includes a violation of a non-comp agreement
o If a person holding under the tenant interferes most common = behavior by
other tenants
o Conduct of other tenants
Generally, no duty for landlord
Exceptions: other tenant uses premises for immoral or lewd purposes or
objectionable conduct in common are under landlords control
Modern tendency to impute acts of tenants on landlord of landlord
couldve prevented the conduct.
o Actual v. Constructive Eviction.
Actual physical taking, can be partial; remedies = tenant totally evicted
may regard lease as terminated and may refuse to pay rent. most courts
allow for partial actual eviction
Constructive eviction tenant cant terminate lease or stop paying rent
unless he abandons property (abandonment must occur w/in a reasonable
time
Little use for habitability cases.
o Destruction of Premises
Special Rules in CL
Condemnation:
- gov. takes all or part of leased property through eminent domain or condemnation
- if total take, lease terminates
- if partial take, lease not terminated under CL and tenant is still required to pay full rent
(but may get part of condemnation award)
- Damages: Gov. pays fair value of any condemnation. IN CL, gov. divides award b/w
tenant and landlord in proportion to damages sustained. under CL, no rate abatement for
partial take but if total take, suspension of duty to pay rent entirely. A total take, tenant
gets market value of remaining lease contract value of remaining lease. (e.g. remaining
lease = 2 months at 1k/mo., market value = 1.5k/mo. then tenant gets 1k b/c 3k-2k)
but if answer is negative, tenant gets 0)

Illegal Use of Premises:

- Both parties intend illegal use and its illegal under all circumstances lease is
unenforceable
- Violation of Building Codes sometimes its unenforceable
- Remedies: generally, neither party to illegal K is entitled to recover anything from the
other, sometimes court awards damages out of fairness or if one party is less guilty.
Permitted Uses
- In absence of an agreement, the tenant is permitted to use the property for any purpose
not illegal.