Tenant never moves out when the lease endedFlorida statute- LL has the right to collect double rent for the period in which T refuses to move out.Statute of Frauds and LeasingRules:1.Any lease for more than a year must be in writing2.The writing must be signed by the person to be bound 3.Writing must identify the essential terms
1.Essential terms include: the parties, the property, the duration of lease and the rental amount1.Rules to RememberThe law recognizes 4 types of leases:Term of yearsTenancy at willPeriodic tenancy Tenancy by sufferanceIf the lease does not meet the criteria for term of years or periodic tenancy AND if the tenant is not a "holdover" the lease MUST BE CONSTRUED AS TENANCY AT WILLWhere a deed is NOT ambiguous, extrinsic evidence may NOT be used to show the intent of the partiesLandlord's Obligation to Deliver PossessionParties are generally free to negotiate how they want on this issueIf deed is silent, then LL- tenant law fills in gapDelivery of Possession- 2 Rules:American - LL is only obligated to deliver the legal right of possession onlyMINORTIY RULE
English- LL is required to deliver ACTUAL physical possession, LL makes an implied covenant that he has the legal right to lease the premises and will deliver physical possession. T can either accept or reject leaseMAJORITY RULEEnglish v. American ruleEnglishServes the reasonable expectations of the partiesLL is in a better position to know if the prior tenant is vacating on timeTenant bargained for space, not for a lawsuit to evict the prior tenantAmerican T has sufficient legal and equitable remedies (suing to evict tenant)LL should not be held accountable for actions of 3rd partyConditions of the Premises (Leasing) A.Tenants Remedies Against Landlord- Common LawA.Historically, tenants remedies against LL were limited B.The conveyance was for the land itself, not the building on the landC.Leases usually had no express covenants forcing LL to repair anythingD.Even if the leases contained certain covenants, they were never upheld because they were treated as "independent covenants"
E.This means that if LL breached the agreement in the clause, T would still be liable for rent. F.Courts not view leases in contract law A.One Valuable Remedy for Tenants under CL- Constructive Eviction Happens when there is a breach of the covenant of quiet enjoyment Breach of quiet enjoyment:Wrongful conduct by LL that substantially interferes with T's use and enjoyment of the lease premisesT leaves the premises due to conduct by LL which substantially interferes with T's use of premises.T is therefore not liable for rent and may terminate lease.