Ending the Leasehold - Mar. 2

Question 1

What may a landlord do when a tenant wrongfully moves from leased property with the intent to terminate the lease? (Studicata)

Answer 1

When a tenant wrongfully moves from leased property with the intent to terminate the lease, the landlord may either:

(a) Accept the tenant’s surrender and terminate the lease; OR
(b) Hold the tenant to the terms of the lease (resulting in abandonment).

Question 2

If the tenant abandons the leased property (i.e., the landlord refuses to accept the tenant’s surrender), what damages are available to the landlord? (Studicata)

Answer 2

Under a modern approach, some courts will allow a landlord to collect damages equal to the unpaid, promised rent over the entire lease term minus the property’s fair market rental value over the remaining term of the lease if the tenant has show an intention not to return or pay future rent (this method accounts for future rent due and mitigation of damages).

Question 3

What is lease forfeiture? (Q)

Answer 3

The involuntary surrender by tenant of a leased property as a consequence of breaching or nonperforming a lease obligation.

Question 4

What is abandonment? (Q)

Answer 4

The abdication of all legal rights to property by voluntary action or inaction.

Question 5

What is a holdover? (Barros)

Answer 5

A tenant who stays in possession of the leased premises after the lease has expired is a holdover. (355)

Question 6

What options does a landlord have if a tenant holds over? (Barros)

Answer 6

When a tenant holds over, the landlord has two options: First, the landlord can treat the holdover as a trespasser and bring an action for eviction. Second, the landlord can elect to hold the tenant over for a new lease term. (355)

Question 7

What is a tenancy at sufferance? (Barros)

Answer 7

The tenant has a new lease term at the sufferance of the landlord. (355)

Question 8

What is eviction? (Barros)

Answer 8

Eviction is a process landlords use to remove tenants and recover possession of their leased property. (360)

Question 9

What is self-help when referencing eviction? (Barros)

Answer 9

Changing the locks and removing the tenant’s belongings (doing it themselves). (360)

Question 10

What is retaliatory eviction? (Barros)

Answer 10

Retaliatory eviction applies when tenants are evicted in retaliation for raising a legitimate legal issue such as a violation of a housing code. (373)