2L - Property Law

Emma leased an apartment for one year. Two months before the lease was set to expire, Emma’s landlord notified her that her rent would increase the next year from $800 per month to $900 per month. Emma told the landlord that she didn’t think she could afford the rent increase. Emma, however, was unsuccessful in finding a new apartment that she liked. Emma remained in the apartment after the end of her lease. What are the landlord’s options in this situation? What are the landlord’s options in this situation?

Tenancy at Sufferance. Emma is now a tenant at sufferance. She has remained in the leased premises after the termination of the lease. Her landlord has several options. First, the landlord can evict her for holding over after the termination of the lease. Second, the landlord can bind Emma to a new term. Traditionally, the landlord could bind Emma to a new one-year term, but the modern approach is to treat Emma as a month-to-month tenant. The landlord can also enforce the rent increase against Emma because sufficient notice was given before the end of the lease.

John moved to Los Angeles to become a screenwriter. His friend Lonnie rented John the guest house on Lonnie’s property “for as long as John wants.” What type of tenancy does John have? What type of tenancy does John have?

Tenancy at Will. John has a tenancy at will. A tenancy at will is a tenancy at the will of either the tenant or the landlord. Such a tenancy can be terminated at any time at the will of the party. If a lease specified that it was at the will of only one party, courts traditionally treated the lease as being terminable at the will of either party. Modernly, however, courts are more willing to enforce the lease provisions as written. So if a lease specifies that it is at the will of only the landlord, only the landlord has the right to terminate. Or if the lease is only at the will of the tenant, only the tenant has the right to terminate. Under the traditional view of tenancies at will, no notice was required to terminate the tenancy. The modern approach requires 30 days notice to terminate a tenancy at will.

Periodic Tenancy. Sarah has a periodic tenancy. A periodic tenancy is one which automatically renews for the stated period. A month-to-month tenancy continues automatically renews every month. The tenancy continues until one of the parties gives notice to terminate. A periodic tenancy can either be created expressly as with Sarah’s lease, or it can be created by operation of law at the end of a tenancy for years if the tenant remains in possession and continues to pay rent.

Periodic Tenancy. Sarah has a periodic tenancy. A periodic tenancy is one which automatically renews for the stated period. A month-to-month tenancy continues automatically renews every month. The tenancy continues until one of the parties gives notice to terminate. A periodic tenancy can either be created expressly as with Sarah’s lease, or it can be created by operation of law at the end of a tenancy for years if the tenant remains in possession and continues to pay rent.

Lois leases an apartment to a college student named Alex. The lease specifies that it begins Sept. 1, 2023 and ends on August 30, 2024. What type of lease has Alex signed?

Tenancy for a Term of Years. Alex’s lease is a tenancy for a term of years. A tenancy for a term of years is a tenancy for a fixed period of time with an automatic ending date. Here, the lease is for a one-year period. It has an automatic ending date on August 30, 2024. The tenancy automatically ends on that date.