Comprehensive Volume, 18th Edition
Chapter 53: Leases
Classification of Tenancies
1. Tenancy for years
(Fixed Term)
2. Periodic tenancy
(Indefinite length; runs period to period)
3. Tenancy at will
(Indefinite length terminable by either
party at any time)
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4. Tenancy at sufferance
(hold over tenant)
(can remain only if landlord permits)
Nature of Leases
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The agreement between a lessor and a
lessee by which the latter holds
possession of real property owned by
the former is a lease.
State statutes prohibit discrimination
and require that the lease not be
unconscionable.
Tenancies are classified according to
duration as tenancies for years, from
year to year, at will, and at sufferance.
Termination of Leases
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A lease is generally not terminated by the
death, insanity, or bankruptcy of either party
except for a tenancy at will.
Leases are usually terminated by the
expiration of the term, giving of notice,
surrender, forfeiture, or destruction of the
property or because of fraud.
A lease may require written notice of
termination to prevent automatic renewal of
the lease, or it may require written notice of
intent to renew the lease.
Tenant’s Rights and Duties
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A tenant has the right to acquire
possession of the property, enjoy use of
it without interference, and retain
possession until the lease is ended.
Evictions may be either actual or
constructive, and may violate the
tenant’s rights unless tenant has not
fulfilled his duties.
The tenant is under a duty to pay rent
as compensation to the landlord.
Repairs and Condition of Premises
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The tenant need not make repairs to the
premises, absent an agreement to the
contrary, but is liable for damage caused by
the tenant’s willful or negligent acts.
The landlord may enter the residence, with
notice, to make repairs or evaluated the
condition of the premises.
Various laws impose health and safety
standards for leased dwellings.
Most states imply in residential leases a
warranty of habitability.
Liability for Injuries
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A landlord is liable to the tenant for injuries
caused by latent defects or by non-apparent
defects of which the landlord had knowledge.
Some states apply a strict tort liability, holding
the landlord liable to a tenant or a child or
guest when there is a defect that makes the
premises dangerously defective even if the
landlord does not have any knowledge of the
defect.
The landlord is not liable to the tenant for
crimes of third persons unless they are
reasonably foreseeable.
Assignment vs. Sublease
An assignment of a lease by the tenant is
a transfer of the tenant’s entire interest
in the property to a third person.
A sublease is a transfer of less than an
entire interest—in either space or time.
A lease may prohibit both an
assignment and a sublease.
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Liability in Assignment or Sublease
If the lease is assigned, the assignee is
liable to the landlord for the rent.
Such an assignment, however, does not
discharge the tenant from the duty to pay
rent.
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In a sublease, the sublessee is not liable
to the original lessor for rent unless that
liability has been assumed or is imposed
by statute.