Landlord and Tenant

Question 1

What are the four types of landlord-tenant estates?

Answer 1

1. Tenancy for years
   - SOF if longer than one year (parties, premises, duration, rent, signed, by party to be charged.
   - Ends automatically at end of term or surrender
   - No notice today.
2. Periodic Tenancy
   - Notice required before beginning of last period (6 months for year to year)
   - Oral notice ok under common law.
3. Tenancy at Will
   - No notice, just reasonable time given to tenant to vacate. 2nd Restatement = notice.
4. Tenancy at sufferance - ends at vacate or evict. Accepting money = periodic.

Question 2

What are a landlord’s remedies for a tenants breach?

Answer 2

Remove tenant and sue for money.

• If tenant has possession and no rent.
• No anticipatory repudiation for future rent.

For abandonment

• Accept surrender and termination
• Continuation of lease, Duty to mitigate.

For holdover tenant

• Evict
• New periodic tenancy if accept money
• Can modify new lease if inform tenant. If before expiration of prior lease.

Question 3

What is the implied warranty of fitness or suitability?

Answer 3

Applies to new homes

Buyer under no duty to hire inspector, just use reasonable inspection.

Good craftsmanship - covers latent defects (some states)

Whether defect significantly affects ability of buyer to live in home. (other states)

Good against commercial buyers and developers

Can be waived or disclaimed

Brought in reasonable time.

Question 4

What are the duties of the tenant?

Answer 4

Pay rent

• Except when premises destroyed or material breach by landlord.
• Warranty of habitability/covenant of quiet enjoyment

Avoid Waste- Ameliorative ok, norma; wear and tear ok.

Repair - non-residential and agreement only.

Question 5

What are the duties of the landlord?

Answer 5

Give possession - Actual possession
- Minority: legal possession.

Duty to repair

• Exception: damage caused by tenant.
• commercial leases: only if substantial and inure landlord’s reversionary interest.

Warranty of habitability: residential only and cannot be waived.
- If failure: tenant can withhold rent, defend against eviction, remedy defect and offset rent.

Covenant of quiet enjoyment
- actual or constructive eviction.

Question 6

Can a lease be assigned or sublet?

Answer 6

Yes, unless language to the contrary.

Question 7

What is the difference between assignment and sublease?

Answer 7

Assignment = complete transfer of remaining lease term. Privity of estate of prior ends.

Sublease = anything less. Original still liable. Sublease tenant is not liable to landlord (unless assumes rent).

Question 8

Can a landlord assign his interest?

Answer 8

Yes. Do not need tenant’s consent. All covenants and rent transfer.

Question 9

What is the affect of a prohibition on assignment and subleasing?

Answer 9

Can still do it, but will be a breach. Landlord can require permission. Reasonable ground.