Landlord_Tenant_Law_Study_.doc

Landlord Tenant Law Study Guide How does the Statute of Frauds apply to leases? A state statute requiring certain types of contracts to be evidenced in writing and to be signed by the party to be charged, or by his or her authorized agent. What can a security deposit be used for? An advance payment of rent A bonus for the landlord for renting to the tenant Liquidated or agreed-upon damages that may later be owed to the landlord Security for the tenant?s performance What are the differences in these tenancies? Fixed Period: Tenancy for a specified time period stated by express contract. The unique characteristic of an estate or tenancy for years lease is that it is always for a stated period of time, usually one year. Periodic Tenancy: Commonly called a month-to-month tenancy because most landlords prefer to do business on a monthly basis rather than, for example, a weekly basis. The defining attribute of a periodic tenancy is that the agreement states a measuring period. It is a tenancy for a period often determined by frequency of rent payments; automatically renewed unless proper notice is given. Tenancy at Will: Tenancy for as long as both parties agree; no notice of termination is required. Either party can terminate the tenancy without notice. This type of estate may come about when a tenant keeps possession after the termination of a tenancy for years with the landlord?s consent. Before the tenancy is converted into a periodic tenancy (by the periodic payment of rent), it is a tenancy at will. The death of either party terminates a tenancy at will. Tenancy at Sufferance: Continued possession of land by a tenant without legal right. If a tenant remains in possession after another form of tenancy ends without the owner?s permission, a tenancy at sufferance is created. It is not a true tenancy, it is created by a tenant wrongfully retaining possession of property. Sublease: The transfer by a tenant of less than the full, unexpired term of the least to a subtenant. What does the Fair Housing Amendments Act prohibit? The FHAA prohibits a wide array of activities that discriminate against persons with disabilities and families with children in the sale or rental of housing. Describe each of the types of eviction Wrongful (forcible or peaceful) Forcible: An illegal eviction technique, by which a landlord confronts a tenant, forcibly removes all personal items, and changes the locks on the unit. Peaceful: An improper eviction technique by which a landlord surreptitiously enters the absent tenant?s apartment, removes the tenant?s belongings, and changes locks to the unit. It is peaceable in the sense that no eye-to-eye, person-to-person confrontation takes place, as in a forcible evicition. Constructive: Indirect eviction of a tenant by means of the landlord?s failure to correct an intolerable interference or defects in the premises, which effectively drives the tenant out. Retaliatory: An eviction carried out by a landlord primarily for revenge, or retaliation, against a particular tenant who has in some way angered the landlord. How and why may a tenant be evicted? What is the implied warranty of habitability? An implied guarantee in a lease that there are no concealed defects in the rented premises existing at the beginning of the lease term. An implied obligation upon a landlord to maintain leased premises in a condition fit for use and enjoyment by the tenant through the term of the lease. What is the implied covenant of quiet enjoyment? A promise usually implied from the landlord that others will not interfere with the tenant?s right to occupy the premises. Explain these terms: Possessory lien: A lien that empowers a creditor to retain possession of the collateral until the debt is paid or until it is sold to the highest bidder in accordance with law. Liquidated damages: Amount of damages that contracting parties have previously agreed would be fair payment in case of breach. A court will not accept this amount if it is so large as to constitute a penalty. Distraint clauses: Exculpatory clauses: Provision in a contractual agreement (for example, a lease) by which a party agrees not to hold the other party responsible for her negligence. Abatement: The suspension of he duty of rent payment while the premises are uninhabitable.