5. Landlord & Tenant Law

Question 1

What type of leaseholds are there?

Answer 1

Tenancy for years
- Fixed period

Periodic tenancy
- Continuous period

Tenancy at will
- Continued as long as both parties desire

Tenancy at sufferance
- Wrongful hold over after expiration

Question 2

How can Tenancy for Years be terminated?

Answer 2

Breach of covenants

Surrender lease

Question 3

How can Periodic Tenancy be terminated?

Answer 3

Notice

• Weekly tenancy (1 weeks’ notice)
• Monthly tenancy (1 month’s notice)
• Yearly tenancy (6 months’ notice)

Question 4

What is required for Periodic Tenancy?

Answer 4

Express

Implied

• Contract provision/Set interval payments (Months’ rent => Month-to-month tenancy; Year’s rent => Year-to-year tenancy) (law generally imposes month-to-month)
• ORAL term of years
• Landlord electing to HOLD OVER Tenant (stayed longer than original period)

Question 5

How can Tenancy at Will be terminated?

Answer 5

Notice (reasonable time)

Operation of law

Question 6

How can Tenancy at sufferance be terminated?

Answer 6

Eviction

Election (to another term)

Question 7

How much rent may Landlord charge for Periodic Tenancy?

Answer 7

If L told T new rent price BEFORE lease expiration => New rent price applies

If L told T new rent price AFTER lease expiration => Old rent price applies