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Property Law > Final Leasehold Estates > Flashcards

Final Leasehold Estates Flashcards

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1
Q

what is a term of years in a lease?

A

where the duration is a known fixed period

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2
Q

what is the notice of termination for a term of years lease?

A

none

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3
Q

what is a periodic tenancy?

A

a lease that automatically renews for successive periods of fixed duration unless notice of termination is given

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4
Q

what is the notice of termination for a year to year in a periodic tenancy?

A

CL requires 6 months notice

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5
Q

what is the notice of termination for a period that is less than a year in a periodic tenancy?

A

equal to that period

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6
Q

when must the lease terminate in a periodic tenancy?

A

on the last day of the period

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7
Q

what is the termination notice for a week to week periodic tenancy?

A

one week’s notice and the tenancy cannot terminate until the last day of the period

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8
Q

what is a tenancy at will?

A

a lease that has a duration so long as the landlord and tenant desire

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9
Q

what is the notice of termination for a tenancy at will?

A

in CL, it’s terminable by either party without notice and some modern statutes require a period of notice

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10
Q

what happens if either party dies during a tenancy at will?

A

the lease terminates

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11
Q

what is a tenancy at sufferance?

A

when a tenant remains in possession after the termination of the lease

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12
Q

what are the landlord’s option in a tenancy at sufferance?

A

1) evict tenant

2) consent to hold over

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13
Q

under the Fair Housing Act, what is it unlawful to discriminate against?

A

1) race
2) color
3) religion
4) sex
5) familial status
6) national origin
7) handicaps

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14
Q

under the Fair Housing Act, can someone discriminate in a notice or ad?

A

NO

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15
Q

when is a landlord or seller allowed to turn down offers?

A

1) a single family owns more than 3 dwellings
2) a single family didn’t use a broker
3) if they did not advertise anything discriminatory
4) in units with 4 family units, the owner maintains or occupies one of the units
5) housing with seniors can discriminate against renting to families with children
6) religious organizations

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16
Q

who is in privity of a contract of a lease?

A

parties to the lease

17
Q

who is privity of an estate in a lease?

A

those who have shared interest in land

18
Q

what is the privity of the LL and T1 in an assignment?

A

just privity of contract

19
Q

what is the privity of Tenant 1 and Tenant 2 in an assignment?

A

privity of contract and estate

20
Q

what is the privity of LL and T2 in an assignment ?

A

just privity of estate

21
Q

what is the privity of LL and T1 in a sublease?

A

privity of contract and estate

22
Q

what is the privity of T1 and T2 in a sublease?

A

privity of contract and estate

23
Q

what is the privity of LL and T2 in a sublease?

A

nothing

24
Q

when is self-help eviction appropriate under CL?

A

when the LL is entitled to possession and the landlord entry is peaceful

25
Q

when is self-help eviction appropriate under the modern trend?

A

LL must use summary proceedings (BERG v. WILEY)

26
Q

under CL what is the LL’s duty to mitigate?

A

none

27
Q

under modern trend, what is the LL’s duty to mitigate?

A

the LL is required to make a “reasonable effort” to mitigate damages by re-letting the premises (SOMMER v. KRIDEL)

28
Q

under modern trend, if the Tenant just stops paying rent and vacates the premises, does the LL have a duty to mitigate?

A

YES and would be entitled to the remaining rent minus the amount he could have reasonably re-rented the apartment

29
Q

what does tenant abandonment mean?

A

that the tenant surrendered the property

30
Q

what can the LL do if the T abandons the lease?

A

1) Terminate the lease (BERG v. WILEY)
2) Relet the property while holding the tenant liable for deficiency
3) do nothing and collect rent as it becomes do (NY) (see duty to mitigate SOMMER v. KRIDEL)
4) contract damages for anticipatory breach

31
Q

is covenant by quiet enjoyment implied in every lease?

A

YES

32
Q

what does the LL have the duty to refrain from under a covenant of quiet enjoyment?

A

actual or constructive eviction

33
Q

what is the covenant of quiet enjoyment?

A

an affirmative act of the LL or LL’s failure to provide something essential that they had a duty to provide that substantially interferes with the tenant’s use and beneficial enjoyment of the premises.

34
Q

what must a Tenant prove for constructive eviction?

A

that the LL breached the covenant of quiet enjoyment and that they vacated within a reasonable period of time (reasonable depends on the circumstances of the case)

35
Q

does the tenant need to give notice for a constructive eviction?

A

NO if she can prove that the premises was not habitable.

36
Q

in residential leases, what is required of the LL in an implied warranty of habitability?

A

the LL is required to deliver and maintain, throughout the period of tenancy a SAFE and HABITABLE premises

37
Q

In residential leases what is the responsibility of the tenant in an implied warranty of habitability?

A

to notify the LL of the poor condition

38
Q

under the implied warranty of habitability when is the tenant permitted to breach the contract?

A

1) when the LL has notice and fails to correct within a reasonable time
2) the premises is uninhabitable in the eyes of a reasonable person

39
Q

what are the remedies for a violation of an implied warranty of habitability

A

1) the tenant can remain in possession and continue to pay rent and sue for reimbursement and damages (HILDER v. St. Peter)
2) the tenant can remain in possession and withhold rent
3) the tenant can terminate the lease and sue for reimbursement and damages
4) the tenant can repair and deduct it from the rent

Property Law (6 decks)

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