LANDLORD AND TENANT

Question 1

Tenancy for Years

Answer 1

measured by a fixed period of time

created by an express agreement

an agreement that creates a tenancy for more than one year must satisfy the Statute of Frauds

Question 2

Tenancy for Years - Termination

Answer 2

Terminates automatically upon the end of the term

no notice is required

Termination is possible before the end of the term if either

i. the parties agree to the termination or ii. a party exercises the right to terminate due to breach of the lease

Question 3

Tenancy for Years - Renewal

Answer 3

A right to renew must be expressly stated in the lease agreement

Question 4

Periodic Tenancy

Answer 4

Repetitive and continuous leasehold measured by a fixed period

no expiration date

created by expressly agreement, implication, or operation of law

SOF does not apply

Question 5

Periodic Tenancy - Termination

Answer 5

Automatically renewed so proper notice is required at least one period in advance

Under modern statutes, most states require that notice of termination be in writing and be given before the beginning of the intended last period of the periodic tenancy

Question 6

Periodic Tenancy - Renewal

Answer 6

A periodic tenancy automatically renews at the end of each period until termination notice is given

Question 7

Tenancy At Will

Answer 7

no specific duration

continues until either the landlord or tenant terminates the lease

created by express agreement or implication

Question 8

Tenancy At Will - Termination

Answer 8

May be terminated at any time by either party

Majority of jx’s require reasonable notice and reasonable time to vacate

Termination may also occur by death or transfer

Question 9

Tenancy At Will

Right to Terminate

Answer 9

If the lease agreement only gives the landlord the right to terminate at will, the same right is implied for the tenant.

If the lease agreement only gives the tenant the right to terminate at will, the same right is not given to the landlord

Question 10

Tenancy at Sufferance

(Holdover Tenancy

Answer 10

occurs when a tenant wrongfully remains in possession after the tenancy expires

holdover tenant remains bound by the terms of the pre-existing lease and is still liable for rent

Question 11

Tenancy at Sufferance - Termination

Answer 11

lasts until the tenant vacates the premises or the landlord evicts the tenant.

A landlord may terminate the tenancy at sufferance by creating a new periodic tenancy through notifying the tenant or accepting rent

Question 12

Tenant Duties

Rent

Answer 12

Tenants have a duty to pay rent

If a tenant fails to perform this duty, the landlord may sue for damages and evict the tenant.

Payment of rent is a material term of the lease agreement, so late rent constitutes a material breach

Question 13

Tenant Duties

Abandonment

Answer 13

At common law, if the tenant abandons the lease, the landlord may reclaim the property

Landlord has a duty to mitigate his damages by attempting to re-rent the property.

He may then hold the tenant liable for any difference in rent

Question 14

Tenant Duties

Waste

Answer 14

Generally, a tenant must not damage the property and must repair any damages for which he is responsible

Affirmative Waste - may not cause voluntary waste

Ameliorative Waste - may make reasonably necessary physical alterations

Permissive Waste - tenant must repair property to preserve original condition; no duty to repair normal wear and tear

Question 15

Landlord Duties

Possession

Answer 15

Under the majority rule a landlord has a duty to deliver actual and legal possession of the rental property, otherwise the tenant is not obligated to pay rent.

Under the minority rule, he must only deliver legal possession.

Question 16

Landlord Duties

Repair

Answer 16

A landlord must repair damages to the rental property under residential leases

This duty does not apply to commercial leases or damages caused by the tenant

Question 17

Warranty of Habitability

Answer 17

A landlord must maintain the property such that it meets health and safety standards and is suitable for human habitation.

The warranty of habitability generally cannot be expressly or impliedly waived by the tenant

only applies to residential leaseholds

Question 18

Warranty of Habitability - Remedies

Answer 18

If breached, the tenant must notify the landlord and give reasonable time for repair

If failure to make repairs, tenant can

i. withhold rent

ii. make repairs and deduct cost from future rent or

iii. remain in possession and seek damages

Question 19

Covenant of Quiet Enjoyment

Answer 19

A tenant is entitled to use and enjoyment of his property without interference from his landlord.

A landlord is also responsible for managing other tenants’ nuisances in common areas.

Breach of this covenant effectuates actual or constructive eviction

A landlord may not evict or retaliate against a residential tenant for reporting code violations or withholding rent due to the landlord’s breach of the covenant of quiet enjoyment

Question 20

Actual Eviction

Answer 20

If a landlord prevents a tenant from accessing the property, the lease terminates, and the tenant is no longer obligated to pay rent

Question 21

Constructive Eviction

Answer 21

If a landlord creates a condition that causes a substantial interference with the tenant’s quiet enjoyment, the tenant will no longer be obligated to pay rent if

1. he provides notice of the condition
2. the landlord fails to resolve the condition, and
3. within a reasonable amount of time, the tenant vacates the property

Question 22

Mitigation

Answer 22

A landlord has a duty to mitigate damages following a tenant’s breach.

A landlord also has a duty of due diligence to re-let the property.

A tenant will not be obligated to pay damages beyond costs incurred by a landlord’s reasonable effort.

Question 23

Assignments

Answer 23

Unless a lease agreement states otherwise, a lease may be assigned freely.

An assignment completely transfers the remainder of the original tenant’s lease.

Assignee is in privity of estate with the landlord, original tenant remains in privity of contract

Assignee is responsible for rent and is liable for covenants running with the land

Assignor liable for rent if assignee does not pay

Question 24

Sublease

Answer 24

Unless a lease agreement states otherwise, a lease may be subleased freely

A sublease is a transfer for less than the complete duration of the original tenant’s lease

Tenant remains both in privity of estate and contract with the landlord

Landlord can only collect rent from original tenant.

Question 25

Assignments and Subleases

Limitations

Answer 25

A tenant may assign or sublease even if the lease agreement prohibits assignments or subleases.

Landlord may terminate the lease based on a breach of covenant and sue for damages

Landlord may only refuse an assignment or sublease based on reasonable grounds pertaining to the property.

If a landlord accepts rent from an assignee or sublease, he waives his right to enforce the prohibition and terminate the lease.