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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
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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