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ADMS 2610 (485)
Lecture

ADMS2610-Session12-Ch25.docx

4 Pages
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Department
Administrative Studies
Course Code
ADMS 2610
Professor
Robert Levine

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Description
ADMS2610 Session 12 Chapter 25 (pg. 484-494) Leasehold Interests Creation of a Tenancy - Introduction o Contract which gives tenant exclusive possession of the property for a specified period o Not the same as a license  Leased exclusive possession and interest in land  License grants right to use property in common with others and no interest in land  Test: one of intention - Contractual Foundation o Express or implied (oral) o Terms set out through contract as long as lawful o Cannot override certain parts of legislation (Residential Tenancy Acts) o General elements of a contract are required for validity  Capacity, offer, acceptance Legislative Developments - Distinction o Residential vs. Commercial leases o Residential – governed by contract, common law and statute law  Protection of tenants o Commercial  Common law and contract law Characteristics of a Lease - Exclusive possession - Term is certain – fixed term of a lease - Periodic Tenancy – lease that automatically renews at the end of each rent period until notice of termination - Tenancy at sufferance – when tenant remains in possession after expiration of tenancy and notice given - Tenancy-at-will – landowner permits another to enter on the premises and occupy them with no lease - Sub-tenancy o Lease of leased premises by a tenant-in-chief to another tenant for a shorter term than the original lease Rights and Duties - Generally: o Usually set forth in the lease o Statute has implied terms  Especially for residential tenancies - Rent o Form is up to the parties o Periodic adjustments for commercial leases - Time for payment o Up to the parties o Statutory rules for “deposits” usually only one month’s rent o At place specified – tenant must seek out landlord - Damage or Destruction o Common law – usually tenant liable for rent even if damage to buildings o Doctrine of frustration - Quiet Possession o Possession undistributed by persons claiming a right to the property through or under the landlord o Landlord has restrictions on entering the land - Repairs o Usually set out in lease o Legislation requires landlord to make habitable and safe - Sublet and Assignment o Allowed unless specifically prohibited in lease o Common law tenant allowed to assign  Tenant still liable under the lease  Usually allowed with consent of landlord, not to be unreasonably withheld - Taxes and Insurance o Tenant usually pays o Legislation may allow tenant to deduct tax payments from rent o Usually both landlord and tenant have insurance  Contents and liability for commercial leases - Fixture
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