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
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.
Periodic Tenancy
Ongoing; continues until either the tenant or landlord gives notice to terminate.
Common forms: month-to-month and year-to-year leases.
Tenancy at Will
No fixed period; continues until either party decides to terminate.
Characterized by mutual agreement between landlord and tenant.
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
Fair Housing Act: Prohibits discrimination based on various protected classes such as race, color, religion, sex, and familial status.
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.
Civil Rights Act of 1866: Ensures all U.S. citizens have equal rights in property transactions, further supporting anti-discrimination efforts.
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.