Lecture 5 (Week 3)

Study Guide: Landlord Tenant Law (Lecture 5, Week 3)

Overview of Topics

  • Different types of tenancies in landlord-tenant law.

  • Landlord obligations and the concept of holdover tenants.

  • Delivery of possession.

  • Housing discrimination issues and relevant legislation.

Key Concepts

Types of Tenancies

  1. Tenancy for a Term of Years

    • Lasts for a fixed period (can be shorter than a year).

    • No notice of termination is required if within the specified term.

    • Examples: leases with clear start and end dates.

  2. Periodic Tenancy

    • Ongoing; continues until either the tenant or landlord gives notice to terminate.

    • Common forms: month-to-month and year-to-year leases.

  3. Tenancy at Will

    • No fixed period; continues until either party decides to terminate.

    • Characterized by mutual agreement between landlord and tenant.

  4. Tenancy at Sufferance

    • Occurs when a tenant overstays their lease without consent of the landlord.

    • Landlord has the option to evict or consent to a new tenancy.

Key Legal Agreements

  • Lease: A contract that conveys possessory interests (right to use property) from the landlord to the tenant.

  • Important to understand the intersection of lease agreements with contract law.

Statute of Frauds

  • Relevance: Requires leases longer than one year to be in writing.

  • Exceptions exist; familiarize yourself with these exceptions as they will relate to specific scenarios in property law.

Distinction Between Lease and License

  • Lease: A long-term arrangement where a tenant has exclusive possession (e.g., renting an apartment).

  • License: A temporary permission granted, often short-term (e.g., allowing a plumber access to fix something).

    • Key differentiators include rent obligation and possession exclusivity.

Housing Discrimination

Case Study: Wetzel

  • Summary of Case: Highlights discrimination in a senior living community based on sexual orientation, where the resident faced harassment from other tenants, and the staff failed to intervene.

  • Legal Question: Can Wetzel succeed in her claims against the landlord under the Fair Housing Act (FHA) despite the landlord not being the direct cause of discrimination?

  • Court Findings:

    • Landlords may be liable for harassment if they have actual knowledge and are deliberately indifferent.

    • No need for discriminatory intent to prove retaliation under FHA.

Important Legislative Framework

  1. Fair Housing Act: Prohibits discrimination based on various protected classes such as race, color, religion, sex, and familial status.

  2. Exceptions in FHA: Certain exemptions exist where discrimination may be permissible (e.g., single-family sales by owners of three or fewer homes).

    • Also exempts religious organizations and private clubs under specific conditions.

  3. Civil Rights Act of 1866: Ensures all U.S. citizens have equal rights in property transactions, further supporting anti-discrimination efforts.

  4. Local Legislation: State and local laws can expand protections beyond federal minimums but cannot provide fewer protections.

Delivery of Possession

Key Case: Hanon vs. Dush

  • Facts: Tenant leases real estate but finds old tenant still in possession at the lease start.

  • Legal Principles:

    • American Rule: Tenant has to sue the old tenant if they can't gain possession.

    • English Rule: Implies that landlords must ensure premises are available for new tenants.

    • Current trends show increasing adoption of the English rule in U.S. jurisdictions.

Conclusion

  • After reviewing this material and constructing a thorough outline, next steps include answering overview questions and integrating this material into broader course outlines for clearer understanding of landlord-tenant law principles.