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ARE 306 Unit 15. Tenancies. Definitions. Lessee Lessor Rent. Elements of a landlord-tenant relationship. Contract Provision for payment of rent Transfer of estate Possession & control in tenant Reversion in landlord Real estate. Other relationships distinguished. Employment

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Are 306 unit 15

ARE 306 Unit 15

Tenancies


Definitions
Definitions

  • Lessee

  • Lessor

  • Rent


Elements of a landlord tenant relationship
Elements of a landlord-tenant relationship

  • Contract

  • Provision for payment of rent

  • Transfer of estate

  • Possession & control in tenant

  • Reversion in landlord

  • Real estate


Other relationships distinguished
Other relationships distinguished

  • Employment

  • Partnership

  • License


Statute of frauds
Statute of frauds

  • 3 years from date of making lease

    • Lease must be in writing to be enforceable


Recording
Recording

  • Registrar of deeds in county where property located

  • Affords priority to tenant


Classification
Classification

  • Year to year

  • For years or for a term

  • At will

  • At sufferance

  • Share lease


Notice to quit
Notice to quit

  • Year to year

    • c.l. 6 months

    • NC 1 month

  • Month to month

    • 7 days

  • Week to week

    • 2 days


Notice to quit1
Notice to quit

  • Rental space for a manufactured home

    • 30 days

  • As specified in the lease

  • For years or for a term

    • No renewal

  • At will & At sufferance

    • None*


Duties of tenant
Duties of tenant

  • Pay rent

  • Do not commit waste

  • Reasonable use

  • Farm in husband-like manner

  • Avoid exhaustion of the soil

  • Make repairs


Risk of loss
Risk of loss

  • C.L. - with the tenant

  • Commercial & Ag. - defined by the terms of the lease

  • Residential - defined by statute








Residential leases
Residential leases

  • Residential Rental Agreements Act

  • No retaliatory eviction

  • Application

    • Hotels & motels regulated by the Commission for Health Services

    • Dwellings provided w/o charge exempt

    • Mobile homes covered


Duties of the landlord
Duties of the landlord

  • Provide fit premises

  • Comply w/ building & housing codes

  • Make repairs to maintain in habitable condition

  • Keep common areas in good condition

  • Maintain all equipment, etc.

  • Provide smoke detectors


Duties of the tenant
Duties of the Tenant

  • Keep tenant’s area safe & clean

  • Dispose of waste properly

  • Avoid deliberate destruction of the property

  • Comply w/ building & housing codes

  • responsible for damage in area of exclusive control

  • Notify - inoperative/malfunctioning smoke detectors/replace batteries


Tenant s duty to pay rent
Tenant’s duty to pay rent

  • Rent w/h prohibited

  • Mutuality of obligation

  • Rent may be abated only to extent rent has been paid

  • Punitive damages not available

  • Late fee

    • Greater of $15 or 5% (>5 days late; once/period)


Liability of tenant for early termination
Liability of Tenant for Early Termination

  • Full rent due for remaining term of the lease

    • Subject to landlord’s duty to mitigate

  • Early termination by military personnel


Tenant security deposit act
Tenant Security Deposit Act

  • Deposited in a trust account/bond

    • Tenant notified of bank/insurance company within 30 days after beginning of the lease

  • Amount of deposit

    • Week to week - two weeks rent

    • Month to month - 1 1/2 months rent

    • Longer - 2 months rent

  • 30 days to account after termination


Tenant security deposit act1
Tenant Security Deposit Act

  • No charge for normal wear & tear

  • Nonrefundable (reasonable) pet charge permitted

  • Tenant’s remedies

    • Action for damages

    • Attorney fees for willful violation


Other applicable law
Other applicable law

  • North Carolina Vacation Rental Act

  • Ejectment of Residential Tenants Act

    • Self-help prohibited


Other applicable law1
Other applicable law

  • Tenants’ personal property

    • Distress and distraint prohibited

    • Tenant allowed to take personal property

    • Lien on property not removed by tenant

  • Unfair or Deceptive Trade Practices Act

    • Treble damages.


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