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THREE (3) TYPES OF TENANCY PERIODS:

1. TENANCY FOR YEARS = Lease fixes the start + end


dates
2. PERIODIC TENANCY = lease for a repeated, similar
period of 1 year or less (usually month-to-month)
which is automatically renewedUNLESS one party
(L/T) gives NOTICE of termination.
Minimum time for termination notice = is the time
period for which rent was paid (ex. 1 month) UNLESS
rent was paid yearlywhere only 6 months notice is
required

3. A TENANCY AT WILL = lease fixes NO durationand


is voidable by either party if the the other party
attempts a LEASE ASSIGNMENT or a party dies
At C/L = no minimum termination notice was required

5 IMPLIED COVENANTS IN A LEASE:


Even though a lease is silentthe landlord gives
HEARS IMPLIED COVENANTS in a lease
HHABITABILITY
EQUIET ENJOYMENT
AASSIGNMENT OF THE LEASE
RGOOD REPAIR
(this covenant is made by commercial tenants)
SMINIMAL SECURITY PRECAUTIONS

IMPLIED COVENANTS in a lease HEARS


AASSIGNMENT OF THE LEASE:
Absent contrary language in the leasea lease is divisible in a will,
descendible in intestacy, and alienable by assigning or subletting

A LEASE ASSIGNMENT = is where the tenant conveys the


entire time remaining in the lease termand retains NO
reversionary interest of any sort.
When a Landlord and Tenant enter a lease there is (1)
direct privity of contract and (2) privity of estate
(**passing the keys to the leasehold = privity of estate)

When the lease is ASSIGNED by the tenant privity of


estate (between L + original T is extinguished!
But the original T remains liable for any breaches of the
lease (under privity of contract) as a surety for the rent
payment by operation of law

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