Term
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Definition
| A Lease is bilateral contract by which one givs the use of a thing for a term in return for rent |
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Term
| Substantive elements of a lease |
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Definition
1. Thing
2. Rent
3. Consent |
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Term
| True of False? Lease can be oral or written? |
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Definition
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Term
| True or False: Leases must be recorded to affect third parties? |
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Definition
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Term
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Definition
Someone who has possession and that person warrants the peaceful possession
**Does NOT have to be the owner** |
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Term
| Does a lease need a precise term? |
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Definition
No, the term may be fixed or indeterminate
Inderminate means its tied tot he will of the parties and is subsequently expressed |
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Term
| What the longest a lease can be granted? |
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Definition
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Term
When a lease has an indefinate term for a residential lease of an immoavable is deemed a ___________ lease?
Agricultural? |
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Definition
month-to-month
year-to-year |
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Term
| How does a fixed lease term reconduct? |
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Definition
| - Lessee continues in possession and no steps are taken for 7 days to terminate the lease |
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Term
| What are the effects of reconduction? |
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Definition
-The lease continues under the same provisons as the old lease
- Is extended month-to-month |
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Term
| How does a lease with an indeterminate term terminate? |
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Definition
- Notice must be written
- 30 days wen the lease term is longer than a month
-10 days before the end of month in a m-to-m lease
-5 days when the period is one week to one month |
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Term
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Definition
1. To deliever the thing
2. To maintain the thing in a condition sutiable for the purpose for which it was leased
3. To protect the lessee's peaceful possession |
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Term
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Definition
1. Pay the rent
2. To use the thing as a prudent admin
3. To return the thing at then end of the lease in the same condition except for normal wear and tear. |
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Term
| The thing must be deliever... |
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Definition
| fit for its intended use and at the agreed upon time in good condition |
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Term
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Definition
| The lessor must make all repairs necessary to maintian the thing in a condition suitable for the purpose for which it was leased. |
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Term
| Is the lessee responsible for repairs? |
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Definition
| The lesee is liable for repairs caused by his fault of that of person on the premieses there with his permision. |
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Term
| What happens if the lessor has to make repairs that are incovincent to the lesee? |
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Definition
| The lessee must tolerate all repairs that cannot be pospostoned and if he is incovneince or loss of the used of the he may be enittled to abatmeent or reduction |
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Term
| If the lessor refuses to make necessary repairs, the lesee may... |
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Definition
make the repairs and demand immediate reimbursement or deduct the cost from the rent.
-The lesseee must first make the demand that the repair be made and the price paid must be reasonable. |
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Term
| What is the duty of peaceful possession? |
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Definition
The lessor is laible if the lessee's possesion is distrubed by any person claiming a right in the leased thing.
The wwarranty includes disturbances by person with access to the thing with the lessor's consent or who occupy adacent property belong to the lessor. |
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Term
| What happens is the leased thing is destoryed through no fault of the lessor? |
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Definition
| The lessor has not breached his duty of peaceful possession and as long as the lessor is not at fault, damages are not recoverable by the lessee. |
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Term
| Difference between damages for total loss and partial loss? |
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Definition
Total loss- lease is terminated but the lessor does not owe damages
parital Loss- may obatin dimution o th rent or a dissolution of the lease and if the lessor was at fault he can get damages
In the case of an impairment dues to external circumstances, the lessee is entitled to the dissolution of the lease only, reduction of the rent it not an option |
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Term
| Which vices and defects if the lessor responsible for? |
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Definition
All of them, doesn't matter if he knew of the existence of the vice or defect at tht eie of the contract was confected or wether it arose before or since the lease was made.
- Wanrrantly applies to all person that resideon the premises in accordance with the lease
- Not responsbile if the defect is the lessee's fault. |
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Term
| How the warranty against vices and defects be waived? |
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Definition
| clear and unambigous language that is brought to the attention of the lessee |
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Term
| What are the exceptions to the lease waiver? when are the waiver ineffective? |
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Definition
1) to the extent they pertain to vices and defects of which the lessee did not know and the lessor knew of should have known
2) to the extent they violate the oblgiations rules limiting liability
3) seriously affect health or safety |
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Term
| The lessee can assume responsbility for the condition of the premieses, which releives the lessor from liability if te following conditions are fulfilled: |
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Definition
1) the person injured derived his right to be o the premises from the lessee AND
2) the lessor neither knew or should have know of the defect. If the lessor received notice of the defect, he is liable if the defect is not remedied within a reasonable time. |
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Term
| What is the lessee's fails to pay rent? |
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Definition
- lessor may dissolve the lease and regain possession of the thing
- may not dissolve the lease and sue for the payments due. |
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Term
| What are the lessor's remedies if the lessee misuse the property for something other than for which it was originally leased? |
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Definition
injunctive relief
dissolve the lease
regain possession |
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Term
| What happens if the lessee abandons the property? |
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Definition
| Lessor may retake possession of the premises and relet them as a mandatary for the lessee. If this occurs the lease is not terminated and the lessee is not relieved of his obligations. |
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Term
| What is the difference between an assignment and a sublease? |
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Definition
Assignment transfers a K while a sublease transfers a right.
An assignment treats the new lessee and the old one as solidary obligors
Sublease is just for the occupancy, the subleasee does not promises to pay the lessor anything. No solidarity. |
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Term
| What is the lessee's right to remove improvements? |
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Definition
| The lessee may remove all improvements he made, but must restore the thing to its former condition. |
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Term
| What are the lessor's rights is the lessee fails to remove the improvements? |
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Definition
either approperaiate ownership of the improvement paying the lessee the lesser of their costs or the enhanced value of the leased thing OR
demand that the lessee remove them within a reasonable time. If the lessor chooses the latter and the leesee fails to remove the improvements, the lessor may either remove them at the lessee's expense or appropriate ownership of them with a notice of certified mail to the lessee but without payment. |
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Term
| What are the different types of leases? |
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Definition
1. Agricultural
2. Residential
3. mineral
4. Commercial
5. Consumer |
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Term
| Can an oral lease be terminated orally? |
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Definition
| No, oral lease must be terminated in writing? |
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