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Clones - Bar Study - Property - Landlord Tenant
Rhymes with car tree
Terms in this set (20)
Tenancy for Years - length
lease for any fixed amount of time.
Tenancy for Years - How do you know if this is the type of lease?
Lease where you know the termination date from the start.
Tenancy for Years - notice?
No notice needed because we know the termination date.
Tenancy for Years - SoF needed? If so, for what duration?
Yes, if greater than one year.
Periodic Tenancy - length?
successive intervals until L or T give notice
Periodic Tenancy - Creation
Expressly - Conveyed to T from month-to-month.
By Implication - No duration is specified but rent at set intervals is provided for.
If an oral term of years lease violates the SoF, what type of lease is actually created?
Implied Periodic Tenancy, measured by...
how rent is tendered. Thus is T just sends a $1000 check...
Holdover in a residential lease creates...
an implied periodic tenancy, measured by the way rent is tendered.
Periodic Tenancy - termination?
Notice, usually written, must be given, at least the length of the term.
Exception - for year to year it's 6 months (3 in VA). Can only fall at the natural end of a term. Not in the middle of the month, for example.
Tenancy at Will - What is it?
A lease with no set duration is a...
Tenancy at will - Creation
If rent is regularly paid, courts will consider it an implied periodic tenancy.
Tenancy at WIll - Terminatnion
At any time, but a reasonable demand to vacate is usually needed.
Tenancy at Sufferance is..?
When T wrongfully holds over.
Tenancy at Sufferance - Purpose
to allow the Tenant a way to collect rent.
Tenancy at Sufferance - Termination
L evicts or elects to hold T to a new tenancy.
Tenants liability to third parties is a matter of
T is responsible for ..
Keeping the premises in good repair
T is liable for ...
injuries sustained by third parties... even if L promised to make all repairs.
T's standard duty to repair...
ordinary repairs and maintain the premises. CANNOT commit waste.
Tenant - Types of waste
Voluntary - Overt Destruction
Permissive - Neglect
Ameliorative - Changes that increase value.
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