Property II Outline

1) Landlord Tennant Law
– Feudal roots, has undergone significant reform
– Jurisdictional blend of new and old rules
i) Leasehold estates
– Lease results in leasehold and gives rise to possession
– Leasehold estate creates reversion on the landlord, can also be fee simple
– Lease creates landlord/tenant relationship
– Non-freehold estate, not real property
(a) The Term of Years
1. Lasts for a fixed time period, fixed dates for beginning and ending
i. Can be one day or 2000 years, some statutory limitation
2. Can be terminable either based on some event or condition
3. No notice of termination needed because it is set from the onset, expires naturally
4. Death of L or T has no effect on duration
(b) Periodic Tenancy (month to month or year to year)
1. Lease for a fixed duration that continues until L or T gives notice, no end date stated
2. If notice is not given, the period automatically extends for another period
3. CL: 6 month notice needed to terminate a year-to-year tenancy, 1 month for month-to-month
i. Many areas have been modified, if longer than a month 30 days notice required
ii. Can only terminate on last day of term, not middle of month
4. Death of L or T has no effect on duration
(c) Tenancy at Will (Garner v. Garrish)
1. No fixed period, endures so long as both L and T desire
i. At common law, L or T (both) can terminate without notice
ii. Modern statutes usually call for 30-day notice
2. Terminates by:
i. Death of L or T
ii. Attempted assignment by L
iii. Sublease/conveyance by T
3. Lease can restrict one parities right to terminate
4. When lease expressly gives T right to terminate, does not give L the same right
i. When ambiguous to who can terminate, presumption is both T and L can terminate
(d) Tenancy at Sufferance- (Crechale & Polles v. Smith)
– Holdovers, not technically a leasehold estate
1. Arises when T remains in possession (holdover) after termination of tenancy
2. L has three options
i. Treat as trespasser
ii. Eviction plus damages, or
iii. Allow holdover, consents (express or implied) to creation of new periodic tenancy w/rent
a. once you chose eviction or consent, cannot change mind
b. If L chooses eviction, doesn’t evict and accepts rent- month-to-month periodic tenancy created
3. No hold over if involuntary, or when equipment left behind
ii) The Lease
(a) L is conveying the right to possession of the property
1. Creates relationship diving rights, duties, obligations, and remedies
(b) Views
1. Common Law: conveyance as interest of land, covenants were independent of each other
2. Modern: view lease as contract, covenants are viewed as mutually dependant
(c) SOF applies to leases- if less than a year, oral ok
(d) Many L’s use standardized form, takes bargaining power away from T
iii) Selection of Tenants (Unlawful Discrimination)
(a) Fair Housing Act (FHA) 1968 – Applies to sale and lease
1. Prohibited (unlawful ) conduct
i. Refuse to rent to a qualified applicant
ii. Post add that has preference
iii. Lie about availability, or plans of selling for profit
2. Protected classes
i. Prohibits discrimination based on race, color, religion, sex, familial status, or national origin
ii. Does not apply to marital status or sexual preference
3. Exemptions
i. Single family house where owner owns no more than 3 such houses
ii. Owner of dwelling lives there with no more than three other units
iii. No advertising exceptions
iv. Private clubs
v. Religious organizations
2. Establish violations by:
i. Conduct was based on discrimination
ii. Disparate impact
a. Burden shifting procedure, P must show:
1. Is part of class and was qualified to rent or purchase housing, and
2. Was rejected
3. Burden shifts to D, who must show rational business purpose for the denial
4. Burden shift back to P, must show reason for denial was discriminatory
iii. Failing to make reasonable accommodations for the handicapped
(b) Civil rights act (CRA) 1866
1. All citizens of the USA shall have same right as is enjoyed by white citizens
i. Includes the ability to inherit, purchase, l