BL-Chapter 49 - 1 CHAPTER 49 LANDLORD-TENANT LAW AND LAND...

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CHAPTER 49 LANDLORD-TENANT LAW AND LAND USE REGULATION Landlord-Tenant Relationship Created when owner of a freehold estate (i.e. an estate in fee or a life estate) (landlord) transfers a right to exclusively and temporarily possess the owner’s property to another (tenant). The tenant receives a Nonfreehold Estate – tenant has right to possession of the property but not title to the property. Leasehold/Leasehold estate – tenant’s interest in the property. Landlord/Lessor – owner who transfers the leasehold. Tenant/Lessee – party to whom leasehold is transferred. Lease Rental agreement between landlord and tenant. -May be oral or written Must contain essential terms. Must be in writing if lease term exceeds one year A lease if often a form contract that is prepared by the landlord and presented to the tenant. Particularly true of residential leases Other leases are negotiated between parties -Ex. Citibank’s lease of an office would be negotiated with the owner of the building 1
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Types of Tenancy Tenancy for Years -Created when a landlord and a tenant agree on a specific duration for a lease -Ex. A office lease on a 40 yr. lease or cabin leased for the summer -Continues for the duration of the lease and then terminates automatically without notice. -Does not terminate upon death of either party. Periodic Tenancy - Created when a lease specifies intervals at which payment are due but doesn’t specify how long the lease is for -A lease that specifies “Rent is due on the first day of the month” establishes periodic tenancy -Continues from payment interval to payment interval. -May be terminated by either party with adequate notice. -Does not terminate upon death of either party. -May be terminated at the end of any payment interval Tenancy at Will -May be created expressly “to tenant as long as he wants” but more likely to be created by implication -Statutes have been created that require min. advances notice for termination -Continues at the will of the parties. -May be terminated by either party at any time with adequate notice. -Terminates upon death of either party 2
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Tenancy at Sufferance -Arises when tenant wrongfully occupies real property after expiration of another tenancy or life estate. -The owner suffers the wrongful possession of his property by the tenant -It is not a true tenancy as is merely the possession of property without right -The tenant at sufferance is a trespasser -Most states require an owner to go through certain legal proceedings calling eviction proceedings or unlawful detainer actions, to evict a holdover tenant -Continues until owner either evicts the tenant or holds tenant over for another term. -Terminates upon death of tenant.
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BL-Chapter 49 - 1 CHAPTER 49 LANDLORD-TENANT LAW AND LAND...

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