The is a split among jurisdictions as to whether implied warranties apply to commercial tenancies.Continue reading
Monthly Archives: April 2009
Tenancy at Sufferance
A tenancy at sufferance as it is defined in most jurisdiction arises in narrow circumstances and is “as illusory as the rings of Saturn viewed edge-on”.[1] The tenancy at sufferance arises when a tenant under one of the other types of tenancy wrongfully holds over. The definition varies by statute in some jurisdictions.[2]
Tenancy at Will
A tenancy at will is terminable by either party or upon the death of either party. No particular formal notice to terminate is required. However, some courts have required the landowner to demand possession and allow a reasonable time for the occupant to vacate.
If a lease is terminable at the will of only one party courts have interpreted the agreement variously as terminable by either party, a life estate, or even a fee simple title.
Types of Tenancies
Tenancies are generally created by agreement of a landowner and a tenant. There are generally at least four distinct types of tenancies.Continue reading
Statutory Warranty of Habitability
The statutory enactment of an implied warrant of habitability may or may not preempt a common law implied warranty of habitability.[1]Continue reading
Hotel and Motel Guests
Guests of hotels, motels, and like temporary lodging are generally considered licensees and not tenants. In most jurisdictions the landowner may use reasonable means of self-help eviction to oust such guests. [1]
Employee Living Accommodations
Employer provided living accommodations may or may not create a landlord-tenant relationship. In many jurisdictions courts have held that housing provided incidental to employment does not create a landlord-tenant relationship.[1] Continue reading
Landlord Liability for Snow and Ice
Landlord liability for snow and ice accumulation varies by jurisdiction. There are at least two established rules.
Under the older natural accumulation rule, or the Massachusetts rule, landowners have no duty to protect invitees from conditions caused by natural accumulations of snow or ice.[1]
On the other hand, the rule known as the Connecticut rule requires landlords to keep common areas in a safe condition regardless of the cause of the danger. The landlord is not the guarantor of tenants’ safety and therefore a tenant may be required to show the landlord had actual or constructive knowledge of the dangerous condition and failed to fix the condition within a reasonable amount of time. [2]
The duty of the landlord being to exercise reasonable care to prevent the occurrence of defective or dangerous conditions in the common approaches, the fact that a particular danger arose from the fall of snow or the freezing of ice can afford no ground of distinction. Indeed, the causes which are at work to produce it are no more natural causes than are those which, more slowly, bring about the decay of wood or the rusting of iron. To set apart this particular source of danger is to create a distinction without a sound difference.
Reardon v. Shimelman, 102 Conn. 383 at 388, 128 A. 705, 39 A.L.R. 287 (1925).
This is not a substitute for legal advice. For more information about the duty of the landlord to keep the premises safe from snow and ice accumulation in a particular location and under particular circumstances consult an attorney.
[1] The traditional position and its name stem from Woods v. Naumkeag Steam Cotton Co., 134 Mass. 357, 45 Am. Rep. 344 (1883). See also 62A Am. Jur. 2d Premises Liability § 699 (1990 & Supp. 1995) (discussing landowners’ responsibility for snow or ice both on adjacent public sidewalks and on private premises).
[2] Geise v. Lee, 84 Wn.2d 866, 529 P.2d 1054 (1975) (imposing the duty on mobile home park owners to keep the driveways between the homes safe for pedestrian traffic where snow and ice created dangerous conditions)
Rent Provisions
Preferably a tenancy will be defined by the parties in a written lease or rental agreement. Careful consideration should be given to the rent provisions.
Options to Purchase
An option to purchase is an irrevocable offer to sell upon specified terms during a specified period. A landlord and tenant may enter into an option to purchase within the terms of a lease.[1]