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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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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.