Leaseholds

Term of Years

Estate lasting a fixed time or period computable by formula. Must be fixed period, but may be terminable upon an earlier event. No notice of termination is necessary to end estate.

Periodic Tenancy

Lease continues for a period of fixed duration, continues for succeeding periods until either landlord or tenant gives notice of termination. "To A from month to month", "to B from year to year". If no notice is given, the lease will automatically extend. Half a year's notice is required to terminate year-to-year tenancy. Lease under a year, notice of termination must be given equal to length of the period, but not more than 6 months. Must terminate on final day of period, not earlier.

Tenancy at will

No fixed period. Goes as long as BOTH landlord and tenant desire. Ends when a party ends it. Aight. Or at death of a party.

Tenancy at Sufferance: Holdovers

When a tenant remains in possession after termination of tenancy. Common law gives landlords two options: eviction or consent (express or implied) to create new tenancy. Holding over usually creates tenancy based on previous conditions.

Garner

Garner makes lease with Gerrish, says Gerrish may terminate the lease at date of his choice. Garner's estate says it was "tenancy at will". Gerrish says its "determinable life tenancy". It's a life tenancy terminable at will of tenant. A determinable life estate giving a tenant sole right to terminate the lease agreement is created when the plain language of a lease gives a tenant a lease "for as long as they desire to stay on the land".

Wentworth

Voice lessons, lessor suing saying lessee violated lease. Lessee says lessor violated Fair Housing Act by being racist towards black students. Plaintiffs established prima facie case of FHA violation. FHA prima facie case requires proof that: (1) defendants made statement (2) with respect to rental (3) indicating a preference or discrimination based on race.

Hannan

Lessee suing lessor for breach of contract, failure to kick out previous tenant. LL not held liable for prior tenant, LL didn't do anything wrong. A LL may not be held liable for prior tenant holding over because it is unjust to hold one party liable for wrongdoing of another. English rule (LL is liable) v American rule (LL not liable).

Ernst

Go kart track lease, sublessor stops paying rent, lessee is gone. Lessor sues sublessor for rent. Sublessor must pay rent. A sublease is an assignment when the original lessee gave up their right of re-entry, and where intent of parties accords with an assignment. Privity of estate and privity of contract can be separated, a lessor still has privity of contract but a sublessor has privity of estate and may be held liable for breach of lease.

Kendall

Lessor of airplane hanger arbitrarily objects to a sublessee. Lessee sues saying he must only deny for financial reasons. Lessor must lease to sublessee. Policy against restraint on alienation and implied contractual duty of good faith favor rule where a commercial lessor may only withhold consent based on a commercially reasonable objection to assignee or use.

Berg

Lessee running restaurant violates lease, lessor "self-help" evicts them by changing locks. Lessor should not have self-help evicted. "Self-help" removal of a tenant is wrongful as a matter of law where a landlord has access to a speedy judicial process to remove a tenant wrongfully in possession, because self-help evictions often lead to breaches of the peace.

Sommer

Lessee rented for a month, engagement fell through, got discharged from the military. Sent a letter to LL surrendering apartment and two months paid rent. Lessor had another interested tenant, but didn't re-rent, sues for total rent. Lessee cannot get full term of rent, should have re-rented. LL has a duty to mitigate damages where they seek to recover rent from a defaulting tenant (try to re-rent).

Village Commons

Prosecutors rent basement for office, it floods constantly. LL says they should stop using part of it, Prosecutors claim they were "constructively evicted" and stop paying rent. Prosecutors were constructively evicted. Constructive eviction is when a lessor, without intending to oust a lessee, does an act by which lessee is deprived of beneficial enjoyment of part of the premises. Covenant of quiet enjoyment creates a duty on part of landlords to provide suitable premises.

Hilder

Tenant's apt is in disrepair, LL never fixes it though says he will. Tenant suing for all rent she paid on grounds that LL breached warranty of habitability. Tenant gets all rent she paid. An implied warranty of habitability exists in the lease of any residential dwelling unit for the entire tenancy, cannot be waived, does not require a tenant to vacate premises, and holds that a landlord will deliver premises that are safe, clean, and fit for habitation.