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
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides