k8_final_OL_propdiggity2 - A. Leases = non-freehold estate;...

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A. Leases = non-freehold estate; L retains seisin a. Term of Years: i. lasts for a fixed period of time ii. fixed calendar dates for beginning and end iii. No notice to terminate necessary unless specified in the lease b. Tenancy at Will. T remains on property w Ls consent, after original lease terminates i. may be terminated by either party w/o notice ii. may be implied or express iii. “tenancy at will” describes a CL periodic tenancy in FL. FS § 83.01 iv. Ambiguous leases will be interpreted as TAW. This is the default position c. Periodic Tenancy. Similar to the term of years combined with a tenancy at will. i. Fixed duration continues for succeeding periods until notice of termination ii. CL periodic tenancy req’d. less than one year of notice, equal to the length of the period, not less than six mos. iii. Ls death does not affect (compare to tenancy at will) iv. In FL, we learn that a PT may be created when the lease commences as a term of year, but at the end, T may elect to stay in increments – typically monthly – as a TAW. The PT is created when then term of years and the TAW are combined into one lease. d. Licenses i. Permits one person to enter onto the land of another w/o being a trespasser. Unlike an affirmative easement, a license is not an interest in the land, it is merely a freely revocable privilege. ii. Test rests primarily with the parties intentions; status of the parties; use restrictions: transferability; exclusivity; degree of control; incidental services; responsibility for repairs and maintenance. iii. Terminated any time iv. May not have warranties (ex – warranty of habitability) e. Notice. i. May be terminated by either party 1. FS § 83.03 : Notice reqs for non-resi tenancies (absent of another specified notice req.) a. Year to year: greater than 3 mos notice for commercial leases // greater than 6 mos resi leases b. Month to month: not less than 15 days notice prior to the end of the monthly period c. Term not specified: must be reasonable 2. FS § 83.57 : Notice reqs for resi tenancies (absent of another specified notice req.) a. Year to year: not less than 60 days prior to the end of the annual period b. Month to month: not less than 15 days notice prior to the end of the monthly period c. Week to week: not less than 7 days notice ii. If T only has right to terminate – may be considered a life estate. Garner/Gerrish 1. Garner ROL: leases which clearly and unambiguously terminate at the will of one party are to be controlled by ET. iii. If L only has right to terminate – it is implied that T has reciprocal right to terminate. f. Statute of Fraud. Applies to leases over one year 1
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g. Tenant at Sufferance/ Holdovers. T remains in possession after the natural termination of the tenancy i. The general ROL is: absent evidence to show contrary intent on Ls part, a L who accepts rent from a holdover T will be found to have consented to renewal or extension of the lease. ii.
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This note was uploaded on 04/30/2008 for the course PROPERTY 101 taught by Professor Lew during the Spring '08 term at Florida Coastal School of Law.

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k8_final_OL_propdiggity2 - A. Leases = non-freehold estate;...

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