Glossary of Ch. 49 Business law notes
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- Tenancy for years
- A tenancy for any specific period of time, even less than one year
- Periodic tenancy
- A tenancy for automatically renewable successive periods of time, such as month to month
- Tenancy at will
- A tenancy with no specific time frame- terminable by either party at any time
- Tenancy at sufferance
- Wrongful possession of land by a tenant- wrongful initial possession or a wrongful holding over after a lease term
- Missouri rule
- No sublease or assignment of a lease of less than two years duration without written approval of the landlord
- Dependant covenant in lease
- Breach is material, non breaching party is released from the lease.
- Independent covenants
- Breach is immaterial, non breaching party is bound to the lease
- English rule of possession
- Requires actual possession.
This is followed in Missouri
- American rule of possession
- Legal right to possession
- Landlord's revisionary interest
- A future interest in the property in which the right of possession is returned to the landlord at the end of the lease
- Actual eviction
- Actual eviction occurs by eviction notice or legal action
- Constructive eviction
- Defects in premises cause substantial interference with the ability to live there.
Tenant notifies landlord who fails to remedy issue.
Tenant leaves the premises.
- Retaliatory eviction
- A tenant complains and as a response, the landlord evicts the tenant
- Causes of eviction
- Non payment of rent.
Wasteful or prohibited alteration
Unlawful use or nuisance
- Duty for landlord to repair- commonlaw
- They have none
- Modern rule for landlord to repair
- Housing codes require landlord to meet standards
Implied warranty of habitability- requires residential landlord to keep the property fit for human habitation, that is the property must be free of defects which endanger life, health or safety.
Duty to keep common areas safe.
Any Contractual duties.
- Landlord's liability for injuries.
- Common areas- negligence of common ares
High crime areas- landlords must have taken the necessary precautions
- Tenants obligation to repair- commerical
- Entire obligation to repair is often the tenants responsibility
- Tenant's obligation to repair- residential
- Tenants duty reduced by housing codes and the implied warranty of habitability
Tenant may contract to make certain repairs and is also responsible for intentional or negligent actions which damage the property.
- Areas in tenants control:
- Must be kept safe for guests
- A dependent covenant
- Late charges
- A type of liquidated damages
- Secure against non payment of rent and against waste
- Taxes and insurance
- Usually landlord pays, but in commercial leases or leases with options to buy, the tenant frequently pays all or part of these expenses.
- Transfer by tenant of all first tenant's rights to second tenant (assignor to assignee)
- Transfer of part of tenant's rights to second tenant (sublease or subleasee)
- Agreement to release by landlord necessary to release first tenant from liability where sublease or assignment
- Notice to quit- month to month
- Notice must be given before the first day of the month to terminate the lease at the end of the month
- Notice to quit- year to year
- Notice must be given 60 days prior to the end of the lease year to terminate the lease at the end of the year
- Holding over after lease term with approval of the landlord
- The lease reverts to month to month
- Holding over after lease term without permission of the landlord
- The tenant is responsible for double rent.
- Summary procedures
- Allow a landlord to evict a tenant quicker by providing for a quicker trial date and fewer defenses
- Landlord's lien
- Allows a landlord to keep tenant's property as security for non payment or damages to the real estate
No landlord's lien in Missouri except for crops.
- Landlord's duty to mitigate
- Duty to lessen tenant's damages, usually by seeking a new tenant
No duty of a landlord in Missouri to mitigate unless the landlord keeps the security deposit.
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