#7 Leasing Real Property

Question 1

Types of nonfreehold estates

Answer 1

Term of years tenancy; periodic tenancy; tenancy at will; tenancy at sufferance

Question 2

Terms of years tenancy

Answer 2

A fixed term of time, and when it ends possessor right expires

Question 3

Periodic tenancy

Answer 3

Auto renewed for successive periods unless landlord or tenant terminates with notice

Question 4

Tenancy at will

Answer 4

No fixed ending point. Continues as long as LL and Tenant desire

Question 5

Tenancy at sufferance

Answer 5

When a person that rightfull took possession of land stays after right ends

Question 6

Statue of frauds

Answer 6

Lease over one year must be in writing

Question 7

Constructive eviction elements

Answer 7

Substantial interference; notice; vacate

Question 8

Implied warranty of habitability

Answer 8

LL must maintain bare living requirements that are fit for human occupation.

Question 9

Ways to transfer lease

Answer 9

Assignment and sublet

Question 10

Assignment:

Answer 10

Tenant leases to a third party. Privity of estate between lessor and lessee is terminated, but privity of K exists

Question 11

Sublet

Answer 11

Creation of new leasehold estate out of existing lease., between tenant 1 and T2.

Question 12

Surrender:

Answer 12

When tenant and LL mutually agree to terminate.

Question 13

Abandonment

Answer 13

Occurs when tenant vacates the lease without justification.

Question 14

Mitigation

Answer 14

LL has duty to lower damages when seeking rent on default tenant.

Question 15

Default lease when lease is vague in time

Answer 15

Tenancy at will