Chapter 6: Landlord and Tenant Interests

Non-freehold Estates (Leasehold)

*   Tenancy (estate) for years

*   Periodic tenancy (estate)

*   Tenancy (estate) at will

*   Tenancy (estate) at sufferance

Definite Tenancies (Estate for Years)

*   Specific beginning and ending dates

*   Hold over tenant can be charged double rent if tenant does not continue to pay rent

*   Constructive renewal results in only a periodic tenancy

*   Assignment or subletting, sandwich lease

Indefinite Tenancies

*   Periodic tenancy

*   90 days notice for year to year

*   30 days notice for month to month

*   7 days for week to week

*   Tenancy at will: In Pennsylvania construed to be periodic based upon payment pattern (normally monthly)

*   Tenancy at sufferance

*   Holdover tenants

*   Lack of consideration for initial lease

Types of Tenancies Definite (Estate for Years)

*   Specific beginning and ending dates

*   Hold over tenant can be charged double rent if tenant does not continue to pay rent

*   Constructive renewal results in only a periodic tenancy

*   Assignment or subletting, sandwich lease

The Lease Contract

*   Statute of frauds/leasehold provisions

*   All should be in writing

*   Requirements of a written lease

*   Names of parties

*   Conveyance

*   Description of premises

*   Term

*   Amount of rent and manner of payment

*   Duties and obligations of parties

*   Signatures

Eviction

*   Eviction for Cause

*   Constructive eviction

*   Confession of judgement clause

Types of Rental Payment Provisions--Various Combinations

*   Straight lease, flat lease, fixed payment

*   Escalating lease: fixed period increases

*   Indexed leased: tied to index

*   Reappraisal lease

*   Percentage or participation lease

*   Net lease, Net/net or triple net

Ground Lease

*   Reversion of improvements

*   Subordination

*   Condemnation

Pennsylvania Landlord-Tenant Act

Rights and Duties of Landlord

*   Right to receive rent: may be paid to court upon dispute

*   Obligation to repair

*   Generally none unless specified by contract

*   necessary to comply with "applicable building, housing, and health codes."

Tenants' Obligations, Duties, Liabilities

*   Abnormal wear and tear

*   Minor repairs

*   Pay rent as prescribed

*   Keep safe and sanitary

*   Normal plumbing maintenance

*   Conduct themselves and their visitors in a manner that does not unreasonably disturb neighbors

Other Landlord Tenant Provisions

*   Deposits

*   Notice of location of bank within 30 days

*   75% of any interest earned must be paid to tenants

*   Disputes

*   Vacating--30 days from vacating to return unused money