Mizzou MANGMT 3540 - Chapter 18: Landlord-Tenant Law (5 pages)

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Chapter 18: Landlord-Tenant Law

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Chapter 18: Landlord-Tenant Law


Ch. 18

Lecture number:
Lecture Note
University of Missouri
Mangmt 3540 - Introduction to Business Law

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MANGMT 3540 1st Edition Lecture 23 Outline of Last Lecture I Assuring Good Title II Real Estate Financing III Mortgage Options IV Default V Priorities of Mortgages Deeds Outline of Current Lecture VI Types of Tenancies VII Leases VIII Rights to Possession IX Duty to Repair X Tenant s Obligation to Repair Current Lecture I Types of Tenancies A Tenancy for Years i A tenancy for any specific amount of time even less than one year B Periodic Tenancy i A tenancy for automatically renewable successive periods of time such as month to month These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute C Tenancy at Will i A tenancy with no specific time frame terminable by either party at any time NOT recognized in Missouri D Tenancy at Sufferance i Wrongful possession of land by a tenant wrongful initial possession or a wrongful holding over after a lease term E Missouri Rule i A periodic tenancy tenancy at will tenancy at sufferance or an oral lease are all converted to month to month unless the lease is for agricultural land then they are converted to year to year II Leases A Temporary Exclusive Possession B Covenants in Lease i Dependent Covenants breach is material non breaching party is released from the lease 1 Examples paying rent for tenants keeping possession for landlords ii Independent Covenants breach is immaterial non breaching party is still bound to the lease 1 Examples failure to make minor repairs for landlords failure to keep property clean for tenant C Conditions i A breach of a condition may result in forfeiture early termination of the lease ii Example having 10 unrelated people where the lease allowed only 3 III Rights to Possession A Landlord Must Give Possession i English Rule The landlord must give actual possession ii American Rule legal right to possession burden on tenant B Landlord Must Prevent Interference with Tenant s Possession i Interference by

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