Leases, Landlord-Tenant, Zoning, and Land Use
The Leases, Landlord-Tenant, Zoning, and Land Use domain tests how possession is transferred for a term, how rent and remedies work, and how regulation limits land use. Expect leasehold estates, assignments, eviction, habitability, zoning, variances, and easements.
Leaseholds and lease terms
A term of years ends on a date; a periodic tenancy renews automatically; a tenancy at will is terminable by either party; a tenancy at sufferance arises when a holdover remains without right. Leases over one year generally require a writing under the statute of frauds. Residential leases carry an implied warranty of habitability and limits on retaliatory eviction and security deposits. Commercial leases may use triple-net, percentage-rent, CAM, exclusive-use, and radius clauses.
Transfers and remedies
An assignment transfers the tenant’s entire remaining term; a sublease leaves the tenant a reversion. An assignee is in privity of estate with the landlord and liable for rent; a subtenant generally is not. The original tenant remains liable unless released. Landlords must use lawful eviction, typically notice plus unlawful detainer; self-help is prohibited. Constructive eviction excuses rent when conditions are uninhabitable and the tenant vacates.
Zoning and land use
Zoning divides land into districts and regulates use, height, bulk, setbacks, and density. A nonconforming use may continue but generally cannot be expanded. A variance addresses unnecessary hardship or practical difficulty; a special exception or conditional use permits a listed use with conditions. Spot zoning is invalid if arbitrary. Easements, covenants, nuisance, eminent domain, and vested rights also appear.
Worked example
T has a three-year lease with one year left. T transfers all but the last day of the remaining term to X. At common law, T retained a reversion, so the transfer is a sublease, not an assignment. X is not liable to Landlord for rent; T remains liable. If T had transferred the entire remaining term, X would be an assignee and liable for rent.
Traps
An oral lease for more than one year may be unenforceable. Security deposits are not rent. A nonconforming use cannot be enlarged. A variance is not a rezoning.