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Property II -Outline-RS - Property II Minda Spring 2002 R...

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Property II - Minda Spring 2002 R. Santalesa Leaseholds: The Law of Landlord and Tenant Chapter 6. Landlord-Tenant Law A. The Leasehold Estates - non-freehold If the lease is ambiguous as to whether it is terminable at the will of one or both parties, then there’s a rebuttable presumption that the lease is terminable at the will of both parties. a. The Term of Years , p. 419 * Fixed period /fixed term (or one that can be calculated resulting in fixed time.) ~ Fixed start and end dates. * At common law, no limit on # of years permitted. (Today many states limit by statute term - i.e. 99 years for land, 51 years for agric. land in CA) * No Notice of Termination required (since the fixed term runs out.) * Can be terminated earlier upon some agreed condition or event. (Can also be terminated by only one side if stipulated.) * Death does NOT terminate. b. The Periodic Tenancy , p. 420 * Fixed, recurring periods (i.e. month-to-month, year-to-year) * Automatically renews for same period UNTIL termination notice given. * Can be expressly created, but usually created by implication. Thus a lease with no stated duration creates a periodic tenancy. * Termination Notice needs to be given at end of period, to terminate at end of next period. * Notice of termination required at common law: ~For year-to-year (6 months prior to end of lease) ~For shorter lease periods termination notice equal to the period of the lease (e.g. if month-month, then notice one month prior termination date is required.) ~ Termination ends on the last day of the period. ~ Modern statutes now only require 30-days notice for periodic tenants. * Can be terminated by only one side if stipulated. * Death does NOT terminate. c. Tenancy At Will , p. 421 * No fixed period of lease. * Terminates when either party ends it (with sufficient notice). [If only one party has power to terminate, court looks at what the lease would be if the right of termination wasn’t present.] * Statutes now ordinarily require a period of notice equal to the term. * [email protected] Terminated by: * Death of either party terminates [email protected] * Coveyance by landlord * Assignment by tenant i. Garner v. Gerrish NOTE : A lease which does not clearly state whether it is terminable at the will of one or both parties is subject to a rebuttable presumption that the lease is at the will of both and is thereby considered then, a Tenancy at Will. d. Tenancy at Sufferance : Holdovers , p. 425 Arises when a tenant remains after lease/tenancy termination. Common law rules gave Landlord 2 options - (1) eviction as a trespasser or (2) consent (express or implied) to the creation of a new lease (three options) - Periodic Tenancy (set by payments) up to a max.of 1 year. (Majority & Restatement rule) - One year extension forming new Term of Years lease - Renewal of previous lease terms upon agreement. 1
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Property II - Minda Spring 2002 R. Santalesa * Once the landlord makes an election of one of the options it’s irrevocable .
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