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Unformatted text preview: I. Landlord Tenant A. Term of Years – a lease for a defined or fixed period of time. The period can be for years, months, or even days. 1. At the end of the defined period, the interest of the tenant ceases and the landlord takes possession of the premises. Termination ends automatically (on specified date) unless the parties agree to renew the lease B. Periodic Tenancy a lease for a period of some fixed duration that continues for succeeding periods until either the landlord or tenant gives notice of termination Example : “to A from month to month”; “to B from year to year.” 1. Modern- defective notice for one month is timely for the next. 2. Common Law – defective notice is no notice at all. 3. Gerrish – had a terminable life estate 4. Notice must be given one period in advance. 5. Month – given on or before the last day of the preceding month. 6. Year – a day preceding the date six months prior to the date of expiration 7. Florida has a 15 day notice statute C. Tenancy at Will – a tenancy which is terminable at the option of either party and had no fixed time period. There is no advance notice requirement. If there is a lease that provides such lease is terminable by one party it is also terminable by the other party. Death of one party terminates such a lease D. Tenancy at Sufferance – arises when a tenant remains in possession (hold over) after termination of the tenancy. 1. Limiting the maximum renewed lease to one year 2. Landlord can either: a. Evict, or b. Renew the tenants lease E. Fair Housing Act – prohibits discrimination against persons on the basis of race, color, religion, sex, familial status, national origin, or handicap in connection w/ the sale or rental of a dwelling. a. Jones Maher case – expanded protection for racial discrimination under the Civil Rights Act of 1868 to impose liability on the acts of private persons who are involved w/the sale or lease of property b. Shelly v. Kramer – previously held that covenants restricting sale to persons of color were not legally enforceable II. Delivery of Possession A. American Rule – landlord is under no duty to deliver the premises to the tenant, only to transfer the legal entitlement to possession 1. new tenant’s remedies are against the party in possession and not the landlord 2. new tenant could request a specific covenant of landlord to deliver physical possession, in absence of such a covenant the courts will not imply or impose such a duty 1 B. English Rule – the landlord is under a duty to deliver possession of the premises to the new tenant...
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- Spring '08
- Land, Real property law, EASEMENT APPURTENANT, Landlord Tenant A.