189_Ch29

189_Ch29 - 1. Lease a. The statute of frauds generally...

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1. Lease a. The statute of frauds generally requires that a lease be in writing. However, some states will enforce an oral lease for a short time b. Covenant is simply a promise by either the landlord or the tenant to do ro refrain from doing something i. For example, Return of security deposit, how on can use the premises 2. Types Of Tenancy a. Tenancy for years: any lease for a stated, fixed period b. Periodic Tenancy: a lease for a fixed period automatically renewable unless terminated c. Tenancy at will: a tenancy with no fixed duration which may be terminated by either party at any time d. Tenancy at sufferance: a tenancy that exists without the permission of the landlord after the expiration of the tenancy 3. Landlord’s Duties a. Duty to Deliver possession: the landlords most important duty is to deliver possession of the premises at the beginning of the tenancy b. Quiet Enjoyment: is the right to use the property without interference from the landlord. Most common form is Eviction i. Actual Eviction: If a landlord prevents the tenant from possessing the premises. (often a breach of quiet enjoyment) ii. Constructive Eviction: refers to substantial interference with the
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189_Ch29 - 1. Lease a. The statute of frauds generally...

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