Landlord-Tenant Law | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute
The basis of the legal relationship between a landlord and tenant is Tenancy at Sufferance A landlord, however, may not evict a tenant in retaliation for the tenant reporting housing violations or other problems with the condition of the. The Trust failed to remedy the problem and the Selvy children were . Generally, tenancy at sufferance refers to the relationship between a. An estate at sufferance is one in which the tenant who has rightfully come into possession 1. evidence the landlord's and tenant's intent to create a landlord- tenant relationship (which intent is apparent Contract and Conveyance Issues.
Dale argued that Smith continued to act as a tenant at sufferance until Dale was able to take back control of the property in February of Dale also demanded additional damages from Smith to repair three poles that Smith had allegedly damaged during its tenancy. Once again, Dale won his lawsuit, with the Court finding that Smith had indeed acted as a tenant at sufferance, and that Smith was to be held liable for its use of the premises.
The court granted Dale the rent payments he was owed for every month that Smith had acted like a tenant in sufferance, minus the monies Dale had received from the appeal bond. Dale was also awarded the property taxes — with interest — that he was seeking, along with the damages claim he had made for the damage to the poles. However, Dale was unhappy with the amounts decided upon by the Court, and so he appealed to the U.
Court of Appeals for the First Circuit. Smith filed its appeal based on its disagreement with the fact that damages were awarded at all. The Court agreed with the lower court, but only in part. Ultimately, the Court vacated the judgment in part, and remanded the case to the district court, directing the court to enter a judgment against Smith that included interest.
Related Legal Terms and Issues Appeal Bond — A bond that a court requires from an appellant who wants to delay paying as directed in a court order until the appeal has concluded. Damages — A monetary award in compensation for a financial loss, loss of or damage to personal or real propertyor an injury.
Eviction — The act of removing a tenant from a property. Landlord — A person who rents a parcel of land, building, or apartment to a tenant. Lease — A contract by which an individual transfers property to another party for a specific period of time in return for regular rent payments. Sublease — A lease of property from a tenant to a subtenant.
Tenancy at Sufferance- Definition, Examples, Cases, Processes
Subtenant — A person who leases a parcel of property from a tenant. Sufferance — Approval via the absence of an objectionas opposed to one giving his official approval. Tenant — A person who rents a building, apartment, or parcel of land from a landlord. Despite this, plaintiffs persist and argue that they are tenants at sufferance. While we accept this general proposition as true, we find that the instant case falls outside of the scope of the traditional tenancy at sufferance situation.
Generally, tenancy at sufferance refers to the relationship between a landlord and tenant after the expiration of their lease. Under this theory, courts have been willing to view the relationship between the ex-landlord and ex-tenant as if the lease were still in existence, where the landlord permitted the relationship to continue by failing to seize possession of the property from the tenant.
We find that the theory of tenancy at sufferance has no application in the instant case, as there was no prior relationship between the parties. There was no oral or written agreement between the parties. Prior to the suit, neither of the parties had contacted the other, nor did plaintiffs pay Keyway rent.
Tenancy at Sufferance
Furthermore, we decline to extend the theory of tenancy at sufferance based upon the evidence in this case. While plaintiffs need not prove their case in order to withstand Keyway's motion for summary judgment, they must present some factual basis that would entitle them to judgment. In reviewing this evidence, we note that we are not to draw every conceivable inference in plaintiffs' favor but only those inferences which are "reasonable.
Plaintiffs rely primarily upon three pieces of evidence to support their contention that Keyway knew of their presence in the apartment. Plaintiffs first argue that Keyway's payment of a water bill in June of is evidence of Keyway's knowledge that the Selvys were living in the apartment. However, we decline to find that this creates a genuine issue of material fact. Plaintiffs' argument requires this court to infer not only that defendants knew that they were ensuring water service to that specific apartment unit, but also that the water was being used for residential purposes by tenants occupying the apartment.
We find that such an inference is not reasonable. Similarly, plaintiffs claim that the suit brought by the City of Chicago served as adequate notice of their presence in the apartment. The complaint did not include an allegation that the apartment was occupied or that there were children present. Rather, the complaint alleged that there was lead-based paint which had to be abated on the premises of West North Avenue in Chicago. The complaint also identified the property through a legal description.
Keyway's tax deed, however, lists both a different address, West North Avenue, and a different legal description to identify the property Keyway obtained from the Trust. It also should be noted that the City never pursued this action against Keyway and Keyway denies ever receiving the notice of the City's suit.
Finally, plaintiffs argue that a statement made by Dobrofsky indicates that Keyway knew of the Selvys' presence. Specifically, when Dobrofsky was asked in his deposition whether he ever went out to the Selvys' apartment and found the door locked from the inside, Dobrofsky responded, "No. I don't think -- I never went out to the property for that. I may have sent somebody out.
balamut.info | A guide to free and low-cost legal aid, assistance and services in Georgia
Rather, the deposition testimony from Keyway's agents is full of clear and unequivocal denials that Keyway knew the Selvys were in the apartment. The Selvys never had any communication with Keyway and never paid Keyway rent.
Next, plaintiffs argue that Keyway impliedly consented to their possession of the apartment by allowing plaintiffs to remain, thus forming an implied contract.
Plaintiffs contend that their occupancy of the building served as consideration because Keyway admitted that, in some instances, occupancy might deter vandalism. While we acknowledge that implied contracts may be valid at law see Greenview Ag Center, Inc. Rather, we agree with the trial court that the evidence does not support plaintiffs' contention that Keyway knew plaintiffs were present in the apartment.
Unlike Greenview, there was no long-standing relationship involving the exchange of services, accompanied by an unspoken agreement between the parties. Similarly, we reject plaintiffs' contention that their presence in the apartment served as adequate consideration. Plaintiffs have not demonstrated that their mere occupancy satisfies the contractual requirement of consideration.
While Dobrofsky stated that in some circumstances Keyway permitted tenants to remain in recently purchased buildings, he denied that this occurred in the instant case. The third party effectively becomes the new tenant. Sublease - The tenant conveys her interest to the third party, but the tenant maintains a revisionary interest. The tenant becomes the sublessor, and the third party becomes the sublessee. When this happens, the sublessee will no longer have an interest in the property.
Privity Whenever parties intend a transfer of interest, they should always consider privity of estate and privity of contract: Privity of estate - This refers to the parties actually responsible for the estate. In a sublease, the landlord, tenant, and sublessee are all under privity of estate. In an assignment, only the landlord and sublessee are under privity of estate.
Privity of contract - This refers to the parties under contract for the estate. In either a sublease or an assignment, this includes the landlord, the tenant, and the sublessee. Limitations on Transferring As expressed, the ability to transfer interest is subject to certain limitations established by the lease between the landlord and the tenant. There are typically 3 such clauses which may be used in a lease: Sole discretion clause - The landlord may refuse a sub-lease for any reason or no reason, just not for a bad reason.
Reasonableness clause - The landlord may refuse a sub-lease on a commercially reasonable basis elaborated on below. No standard in lease - The lease may requires the landlord's consent, but the lease may not express a standard to guide the consent. If the refusal was commercially unreasonable, the court will order the landlord to allow the sub-lease.