Chapter 50 - Landlord-Tenant Law

Question 1

Landlord

Answer 1

1) lessor / owner of the property

Question 2

lessee / tenant

Answer 2

1) part who assumes temporary ownership of the property

Question 3

leased property

Answer 3

referred to as the leasehold estate

Question 4

lease

Answer 4

agreement between the landlord and the tenant

Question 5

Creation of the landlord-tenant relationship

Answer 5

1) established by contract – must be written if lease > 1 year (Statute of frauds)
2) lease Requires following elements:
a) names of tenant and landlord
b) express or implied intent to create a landlord tenant relationship
c) description of the property
d) specific length of the lease
e) amount of rent to be paid to landlord
3) Tenant’s Exclusive right to possession of the property is a key characteristic

Question 6

Definite-term lease

Answer 6

1) a term for years
2) expires at end of specified term
3) landlord not required to give any notice of termination

Question 7

Periodic-tenancy lease

Answer 7

1) created for a recurring term ex. month to month
2) distinct from definite-term lease because periodic-tenancy lease is for indefinite time period
3) either party can cancel during recurring period but must give sufficient notice

Question 8

Tenancy-at-will lease

Answer 8

may terminate at any time

Question 9

Tenancy-at-sufferance lease

Answer 9

1) created if tenant fails to leave property at end of the lease
2) landlord may permit the resident to remain or demand repossession of the property

Question 10

Fair Housing Act

Answer 10

Landlord may not deny a tenant’s rental application on the basis of race, color, sex, religion, national origin, familial status, or disability

Question 11

Types of leases

Answer 11

1) definite term lease
2) periodic-tenancy lease
3) tenancy-at-will lease
4) tenancy-at sufferance lease

Question 12

Rights and Duties of Landlord and tenant - Possession

Answer 12

1) landlord has duty to give tenant possession of the premise
2) most states = physical possession (remove old tenants) in some states = legal possession
3) if tenant does not receive possession of the premises because of an act of the landlord, landlord will be held liable and tenant can bring an action for possession against the landlord
4) possession according to lease– covenant of quiet enjoyment - tenants had right to quietly enjoy the land (landlord will not interfere with the tenant’s use of property) can sue for breach

Question 13

Rights and Duties of Landlord and tenant

Answer 13

Duties
1) landlord to put tenant in possession
2) landlord duty of covenant of quiet enjoyment
3) tenant duty not to commit waste
Corresponding Right
1) Tenant right to retain possession
2) tenant right to quiet enjoyment of the property
3) landlord right to reimbursement for tenants waste

Question 14

Actual eviction

Answer 14

landlord physically prevents you from entering the leased premises

Question 15

Full Eviction

Answer 15

landlord physically prevents you from entering any part of the premises

Question 16

Partial Eviction

Answer 16

landlord prevents you from entering a part of the remises

Question 17

Eviction

Answer 17

1) in both partial and full evictions, tenant is released from the obligation to pay rent
2) tenant can sue for damages or for breach

Question 18

Constructive Eviction

Answer 18

1) premise becomes unsuitable for use bc of landlord’s wrongful or omitted act (after tenant notifies landlord)

Question 19

Implied Warranty of Habitability

Answer 19

1) requirement that premises be fit for ordinary resident purposes
2) enforced by most states
3) represents a shift in leases for land vs dwelling

Question 20

Waste

Answer 20

1) any tenant conduct that causes permanent and substantial injury to the landlord’s property

Question 21

alterations

Answer 21

1) in most states tenants cannot make chandes that affect the condition of the premises (alterations), without the landlord’s consent
2) If alterations made that become fixtures (ex. shelves) tenants may or may not be able to remove them without damages or having them become landlord’s property

Question 22

Maintenance of the premises

Answer 22

Landlord responsibility 
1) ensuring habitability 
2) safety and health codes
3) major defects
4) statutory codes ex. sprinklers
5) repairs to common areas
If landlord fails to make repairs
1) withhold rent, by placing in an escrow account only amount associated with the defect (not all rent)
2) repair and deduct --> have repairs made and then deduct from rent some states limit deduction and what applies for it. must have notified landlord and they must have refused to repair
3) sue for damages

Question 23

rent

Answer 23

1) compensation paid to landlord for tenant’s right to use the property
2) can be money or services
3) rent escalation clause –> enables landlord to change the rent after lease’s signing associated with costs of living property taxes or tenants commercial business, common in long-term leases

Question 24

landlord’s lien

Answer 24

1) right to some or all of the tenants property in order to collect unpaid rent
2) need to initiate court proceedings so that sheriff could seize prop
3) seized prop is considered security for the unpaid rent

Question 25

Landlord’s Liability

Answer 25

1) landlord liable foe injuries the occur in common areas–expected inspect and repair common areas
2) liable for injuries when repairs made wrongfully or negligently
3) liable for injuries because of conditions landlord knew of or hid from resident

Question 26

Tenant’s Liability

Answer 26

1) tenant has responsibility to keep premises in which he or she is in control of in reasonably safe condition
2) tenant responsible where customers would usually go ex. slip on wet floor

Question 27

landlord transfer of interest

Answer 27

1) landlord has right to possession until lease
2) then right to receive rent
3) may transfer right to receive rent

Question 28

Assignment

Answer 28

1) tenant transfer of entire interest in leased property
2) generally needs landlord consent - f no consent landlord may terminate lease
3) if landlord accepts rent from assignee = consent
4) if assignee fails to pay rent both tenant and assignee are liable, assignee will owe tenant

Question 29

Sublease

Answer 29

1) a transfer than less than all the interest in a leased property
2) in essence, sublease creates a landlord-tenant relationship between original tenant and sublease
3) Original tenant responsible for rent to landlord if sublease does not pay

Question 30

Termination of the lease

Answer 30

1) expiration
2) breach of condition by landlord
3) forfeiture
4) destruction of the property
5) surrender
6) abandonment

Question 31

Breach of condition by landlord

Answer 31

1) landlord violates covenant of quiet enjoyment

2) eviction –> tenant may terminate lease

Question 32

Forfeiture

Answer 32

tenant or landlord fails to perform a condition stated in the lease e.g. tenant fails to pay rent

Question 33

Surrender

Answer 33

1) a mutual agreement between landlord and tenant
2) landlord accepts tenants offer to surrender interest in the premises
3) generally must be in writing

Question 34

Abandonment

Answer 34

1) tenant moves out, no intent to return, an dhas defaulted on rent payments
2) if landlord accepts the property, tenant is usually relieved of the rent obligation and the lease is terminated

Question 35

Destruction of the premises

Answer 35

1) most states –> tenant released from rent payments

2) if landlord unable to do something to prevent disaster, landlord not expected to restore and repair the premises