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MBE Property > 4. Landlord-Tenant > Flashcards

4. Landlord-Tenant Flashcards

1
Q

What is a Lease?

A

A lease gives the tenant/lessee exclusive possession of the premises for a period of time.

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2
Q

How is a Lease created?

A

A lease may be created expressly, either orally or in writing.

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3
Q

What is required for a Lease for more than one Year?

A

A writing is required by the Statute of Frauds for a term of more than one year.

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4
Q

What is an Implied Lease?

A

An implied lease creates a periodic tenancy that may be created by the conduct of the parties when the written lease is an invalid writing or when a holdover tenant pays rent and the landlord/lessor accepts the rent.

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5
Q

What are the Four Types of Leases?

A
  • Term of Years
  • Periodic Tenancy
  • At-Will Tenancy
  • Tenancy at Sufferance
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6
Q

What is a Term of Years Lease?

A

A Term of Years is a lease with a definite start and end date.

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7
Q

How is a Term of Years Lease Terminated?

A

A Term of Years Lease ends automatically at the specified period’s conclusion, no notice needed.

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8
Q

How much rent can the Landlord sue a Tenant under a Term of Years Lease?

A

The tenant is liable for all unpaid rent in the lease.

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9
Q

What happens when a Tenant Abandons the Property under a Term of Years Lease?

A

The landlord can treat it as an anticipatory breach of the entire lease, allowing the landlord to sue immediately for all rent owed, while considering the duty to mitigate damages.

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10
Q

What is a Periodic Tenancy Lease?

A

A Periodic Tenancy is a lease with a set beginning date and continues from period to period without a set termination date, until proper notice is given.

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11
Q

How is a Periodic Tenancy Lease terminated?

A

Landlord or Tenant must give appropriate notice of intent to terminate.

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12
Q

How is appropriate notice to terminate given with a Periodic Tenancy Lease?

A

Appropriate notice must be: in writing if the lease or state statute so specifies; otherwise, it can be oral; and equal to the rental period, up to a maximum of six months.

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13
Q

When does Notice take effect for a Periodic Tenancy Lease?

A

Notice does not take effect until the start of the next rental period.

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14
Q

How much can the landlord sue a Tenant under a periodic tenancy lease?

A

The tenant is liable for the rental obligation up until proper notice is given to terminate the lease.

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15
Q

How is a Periodic Tenancy Lease created with a Holdover Tenant?

A

A Periodic Tenancy Lease is created expressly or by implication with a holdover tenant.

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16
Q

What is an At-Will Tenancy Lease?

A

An at-will tenancy lease has no fixed duration, lasting as long as the landlord and tenant desire.

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17
Q

What are the Five Reasons for Termination of an At-Will Tenancy Lease?

A
  • either party dies
  • the tenant commits waste
  • the tenant attempts to assign the interest
  • the landlord transfers his interest
  • the landlord transfers the premises to a third party for a term of years
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18
Q

How much can the landlord sue a Tenant for an at-will tenancy lease?

A

The tenant is liable for the amount of rent stated in the agreement that is already owed.

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19
Q

What is a Tenancy at Sufferance Lease?

A

A tenancy at sufferance occurs when a tenant remains in possession of the leased premises after the end of the lease term.

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20
Q

What rights does the landlord have when a tenancy at sufferance exists?

A

The landlord has the right of election between:
* evicting the tenant
* holding the tenant to another term.

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21
Q

How much rent can the Landlord sue the Tenant under a Tenancy At Sufferance Lease?

A

The tenant is liable for the reasonable rental value of the property.

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22
Q

What happens when the landlord wants the holdover tenant to remain on the land after the end of the lease term?

A

The holdover tenant becomes a periodic tenant.

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23
Q

What happens when the landlord does not want the holdover tenant to remain on the land after the end of the lease term?

A

The holdover tenant becomes a tenant at sufferance until the landlord can get the holdover tenant off the property.

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24
Q

Does the tenant have a duty to pay rent?

A

Yes, a tenant has a duty to pay rent.

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25
Q

When can a Tenant be relieved from the duty to pay rent?

A

A tenant may be relieved from the duty to pay rent if the premises are destroyed.

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26
Q

When is a Tenant not relieved from the duty to pay rent?

A

A tenant is not relieved from liability for rent when the tenant intentionally or negligently caused the destruction.

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27
Q

What is a Tenant’s liability if he commits Voluntary Waste?

A

A tenant commits voluntary waste and is liable when the tenant intentionally or negligently damages the property.

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28
Q

What is a Tenant’s Duty to avoid permissible waste?

A

A tenant must avoid permissible waste by taking necessary steps to guard against damage to the property.

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29
Q

When can a Tenant commit Ameliorative Waste?

A

A tenant can commit ameliorative waste if expressly authorized or if changes in circumstances justify improvements that don’t reduce property value.

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30
Q

Who can make Assignments in a Lease?

A

Assignments can be made by either the tenant or the landlord.

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31
Q

When is Rent due if a Landlord Transfers his Interest?

A

When the landlord transfers his interest, the rent is due to the landlord of record on the rent due date.

32
Q

What is an Original Tenant’s Assignment?

A

A tenant assigns a lease when he (the ‘assignor’) transfers his entire interest in the property to another party (the ‘assignee’) for the entire length of time remaining on the lease.

33
Q

What is a Third Persons/assignee Liability for Rent after an Original Tenant’s Assignment?

A

The assignee is in privity of estate with the landlord and becomes primarily liable for rent.

34
Q

What is a Original Tenant’s Liability for Rent after assignment to a Third Person/assignee?

A

The original tenant remains in privity of contract with the landlord and is secondarily liable for payment of rent.

35
Q

How does a contract novation Discharge Original Tenant from Paying Rent?

A

Involves an agreement between the landlord, original tenant, and assignee where the landlord relieves the original tenant of contractual liability.

36
Q

When is a original assignee no longer liable for Rent after an Original Tenant’s Assignment?

A

Once the original assignee transfers the premises to another third person/subsequent assignee.

37
Q

What is an Original Tenant’s Sublease?

A

A sublease gives away part of the original tenant’s space or the entire space but only for part of the original tenant’s full lease term.

38
Q

What is a Third Persons/sublessee Liability for Rent after a Original Tenant’s Sublease?

A

The Third Person/sublessee comes into privity of estate and privity of contract only with the original tenant.

39
Q

What is an Original Tenant’s Liability for Rent after Sublease to Third Party/Sublessee?

A

The original tenant continues to owe rent to the landlord.

40
Q

How are covenants against assignments and/or subleases construed?

A

Covenants against assignments and/or subleases are construed strictly against the landlord.

41
Q

How are covenants against assignments and/or subleases enforced?

A

The lease must specifically state that both are prohibited.

42
Q

What is the Rule in Dumpor’s Case for Covenants against Assignments?

A

If a landlord waives an assignment prohibition in a lease, the restriction is permanently waived.

43
Q

What if the landlord specifies that the waiver is ‘one-time only’?

A

The covenant will remain against subsequent assignments and Rule in Dumpor’s case does not apply.

44
Q

Does the Rule in Dumpor’s case apply to Covenants against Subleases?

A

No, The Rule in Dumpor’s case does not apply to Covenants against subleases.

45
Q

What is a Silent Consent Clause?

A

A silent consent clause gives the landlord the right to withhold consent for any reason, or for no reason at all.

46
Q

What happens when Either Party Dies during the terms of a Lease?

A

A lease will not be terminated by the death of either the landlord or the tenant.

47
Q

What happens when a Tenant under Tenancy for years dies during the terms of a Lease?

A

The leasehold will pass as personal property through the tenant’s estate.

48
Q

What happens when a Landlord holding a life estate dies during the terms of a Lease?

A

The lease is considered void upon the death of the lessor.

49
Q

What happens when a co-Landlord holding a joint life estate dies during the terms of a lease?

A

The lease will pass to the survivor life tenant.

50
Q

What is the Effect of a Tenant due to a Sale of the Property by an Original Landlord?

A

The tenant’s obligations usually remain the same, except for paying rent to the new landlord.

51
Q

What responsibility does a New Buyer immediately assume once they Purchase Property from an Original Landlord?

A

The new buyer ‘steps into the shoes’ of the original landlord as to all contract obligations.

52
Q

Can a New Buyer terminate a lease once he purchases property from landlord?

A

If the lease contains such a term, then the buyer may terminate the lease upon the conclusion of the sale.

53
Q

What happens when a new buyer purchased the property with notice of a current lease?

A

They have accepted that encumbrance and are bound to the lease.

54
Q

What happens when a new buyer purchases a property without any notice of a current lease?

A

Their purchase takes priority over the tenant’s claim on the property.

55
Q

Does the Tenant have to still payment rent to old landlord?

A

Yes. Until tenant receives notice of the conveyance.

56
Q

What are the Seven Defenses on Tenant to withhold paying rent to landlord?

A
  • Failure to Deliver Possession
  • Tenant has been evicted
  • Tenant surrender premises to the landlord
  • Destruction of Property
  • Violation of the Warranty of Habitability
  • Violation of the quiet use and enjoyment of the property
  • Other Contract defenses such as impossibility, impracticability, and frustration of purpose.
57
Q

What is the Majority Rule of a Landlord’s Duty to Deliver Possession of Property to Tenant?

A

The landlord has an obligation to deliver possession of the property to the tenant.

58
Q

What is the Minority/“American” Rule of a Landlord’s Duty to Deliver Possession of Property to Tenant?

A

The landlord has no obligation to deliver possession of the premises; the tenant must take it.

59
Q

What is the Majority Rule for using a Tenant’s Eviction as a Defense to not Pay Rent?

A

If the tenant has been evicted, it is an excuse for not paying rent.

60
Q

What is an Actual Eviction of a Tenant?

A

The tenant is physically removed from all or part of the property.

61
Q

What are three reasons for a Construction Eviction of a Tenant?

A
  • substantial and permanent interference by the landlord
  • tenant’s notice to the landlord with a reasonable repair timeframe
  • Tenant’s subsequent move-out.
62
Q

What are the Six Landlord Breaches leading to Constructive Eviction of a Tenant?

A
  • Making and keeping the premises habitable in a short-term lease
  • disclosing latent defects known to the landlord
  • Maintaining common areas used by all tenants
  • Using due care in making promised or volunteered repairs
  • refraining from fraudulent misrepresentation
  • preventing immoral conduct or nuisances on the property.
63
Q

Does a partial constructive eviction act as a defense to the payment of any rent?

A

No. A partial constructive eviction does not act as a defense to the payment of any rent.

64
Q

How can a Tenant claim the defense of Surrendering Premises to Landlord to not pay rent?

A

The landlord must retake possession and mitigate damages per contract law.

65
Q

How can a Tenant claim Destruction of Property as a Defense to not pay rent to landlord?

A

Destruction will be a defense to payment of rent unless the tenant intentionally or negligently causes the destruction.

66
Q

What is the Warranty of Habitability for a Landlord?

A

An implied warranty of habitability obligates the landlord to maintain the premises in habitable condition.

67
Q

What is Tenant’s Defense #4?

A

Destruction of Property

Destruction will be a defense to payment of rent unless the tenant intentionally or negligently causes the destruction.

68
Q

What is the Warranty of Habitability for a Landlord?

A

An implied warranty obligates the landlord to maintain the premises in habitable condition.

Failure to do so, resulting in the premises becoming uninhabitable, may be considered constructive eviction.

69
Q

How does a Tenant claim a breach of implied warranty of habitability?

A

The tenant must:
* Provide the landlord with notice
* Allow the landlord reasonable time to repair the problem

This process is crucial for the tenant to assert their rights.

70
Q

What are the five options a tenant has if the landlord breaches the implied warranty of habitability?

A
  • The tenant is excused from further performance under the lease
  • The tenant may, but need not, vacate the premises
  • The tenant may treat the lease as cancelled, and the rent is abated
  • The tenant may seek money damages
  • The tenant may seek reformation or other traditional contract or tort remedies

These options provide the tenant with various courses of action depending on their situation.

71
Q

What is the Covenant of Quiet Enjoyment in a Lease?

A

The landlord promises that the tenant will not be disturbed by the landlord (or someone claiming through the landlord) during possession of the premises.

This covenant is essential for the tenant’s right to enjoy their rented space.

72
Q

What happens when a Landlord violates the Covenant of Quiet Enjoyment?

A

A tenant may treat the lease as terminated and withhold rent if the covenant has been breached by an actual or constructive eviction.

This violation can significantly impact the tenant’s rights.

73
Q

What are Other Contract Defenses for a Tenant’s Defense to not pay rent?

A

Contract defenses are:
* Impossibility
* Impracticability
* Frustration of purpose

These defenses can be relevant in specific situations affecting the tenant’s obligations.

74
Q

What are the Landlord’s Obligations?

A

An implied warranty of habitability and other statutory obligations may apply; the landlord retains a duty for common passageways and other areas under their control.

These obligations ensure basic living standards for tenants.

75
Q

What happens when the landlord rents the premises with a known defective dangerous condition not readily apparent to the tenant?

A

The landlord retains liability until the tenant has had reasonable time to inspect and repair.

This liability is crucial for tenant safety and protection.

76
Q

Does a Tenant have the right to remove a fixture from a property?

A

Yes, if the fixture can be removed without damaging the premises or altering their condition.

This right is important for tenants to maintain their personal property.

77
Q

Can a Tenant remove fixtures of structural changes from a property?

A

No, structural changes cannot be removed because the premises cannot be returned to substantially the same condition as when the tenant arrived.

This restriction is in place to preserve the integrity of the property.

MBE Property (13 decks)

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