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Property: Bar Review > Landlord and Tenant > Flashcards

Landlord and Tenant Flashcards

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1
Q

A lease creates both a _______ and _______

A

contract and property interest

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2
Q

The four types of estates that can govern landlord-tenant relationships are…?

A
  1. Tenancy for Years
  2. Periodic Tenancy
  3. Tenancy at Will
  4. Tenancy and Sufferance

How is each created?

How is each terminated?

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3
Q

Define a Tenancy for Years

A

Measured by a fixed amount of time and ascertainable

DOES NOT NEED TO BE FOR MULTIPLE YEARS (can be for a day)

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4
Q

What is required to create a Tenancy for years?

A

Agreement by landlord and tenant = demonstrate intent

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5
Q

What is required to create a Tenancy for years?

A

Agreement by landlord and tenant = demonstrate intent

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6
Q

True or false: a tenancy for years longer than one year must be signed and in writing

A

True, because of Statute of Frauds

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7
Q

How is a Tenancy for Years terminated?

A

+ Automatically at the end of the term. Notice not required unless the lease requires it.
+ Tenant surrenders lease
+ One party commits a material breach of the lease

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8
Q

Define a periodic tenancy

A

Estate that is repetitive and ongoing for a set time. Renews automatically until a party gives proper notice

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9
Q

How is a periodic tenancy created?

A

Parties must have intent.

Can be express or implied

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10
Q

How do you end a periodic tenancy?

A

Renews until notice given.

Old way: year-year = six months notice
New way: one months notice

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11
Q

Proper notice to end a periodic tenancy includes a writing when? And when is it effective?

A

Before the start of what will be the last term, effective on the last day of the period

Ex: O leased Blackacre to A on a month to month basis. A gives notice of termination on February 15. When is the termination effective? March 31

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12
Q

Define Tenancy at will

A

May be terminated by either landlord or tenant at any time, for any reason

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13
Q

How is a tenancy created?

A

By express agreement or implication

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14
Q

When is a Tenancy at Will terminated?

A

At any time. Generally courts use a reasonable standard and power between landlord/tenant.

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15
Q

True or false: Death of a landlord or tenant terminates a tenancy at will.

A

True. BUT no other types of tenancies would terminate at death. Proper notice is still req’d.

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16
Q

Define tenancy at sufferance

A

Tenant holds over after lease has ended

Exists before the landlord either evicts the prior tenant or re-rents to the holdover tenant

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17
Q

What is the difference between tenancy at will and tenancy at sufferance?

A

Creation.

At will= by agreement b/t parties
Sufferance = actions of tenant

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18
Q

What are the ways a tenancy in sufferance can be terminated?

A

Tenant voluntarily leaves
Landlord evicts
landlord re-rents

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19
Q

The three situations when a tenant’s duty to pay rent are as follows:

A
  1. Premises are destroyed
  2. Landlord complete or partially evicts tenant
  3. Landlord materially breachese the lease
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20
Q

True or false: regardless of who destroyed the property, a tenant is relieved from payment of rent on a lease

A

False. If the tenant caused the damage, they are still responsible for the rent and likely additional damages due to breach of contract

21
Q

Pursuant to the implied covenant of quiet enjoyment, a tenant can withhold rent when…?

A

The landlord takes actions that make the premises
+ wholly or substantially
+ unsuitable for their intended purpose
+ tenant is constructively evicted

22
Q

The four elements of constructive eviction are…?

A
  1. Premises were unsuitable for intended purposes
  2. Tenant notifies landlord
  3. Landlord doesn’t correct
  4. Tenant vacates after a reasonable period
23
Q

True or false: Tenants can waive the implied warranty of habitability

A

False. Landlords have an obligation to maintain the property such that it is suitable for residential use.

Main concern: health and safety of tenants

24
Q

True or false: Implied warranty of habitability applies to both commercial and residential properties

A

False. Residential properties only. Usually multi-family buildings.

25
Q

Under the implied warranty of habitability, if the premises are not habitable, a tenant may do what?

A

+ refuse to pay rent
+ remedy the defect and offset the costs against rent
+ defend against eviction

Note that this is a proactive and defensive argument

26
Q

What is the primary difference between implied warranty of habitability and quiet enjoyment and constructive eviction

A

IWH does not require the tenant to leave the premises

27
Q

True or false: the duty to avoid waste is implied, even if not in the lease

A

True. It’s a background rule.

28
Q

In a residential lease, the ______ is presumed responsible repairs.

A

Landlord. Tenants must notify the landlord of any needed repairs.

29
Q

May a landlord put a provision in a residential lease prohibiting the tenant from making improvements to the property?

A

Yes.

30
Q

In a commercial lease, may a landlord place the duty to repair on the tenant?

A

Yes because these tenants are often more sophisticated.

31
Q

What is the majority rule re: Landlord’s duty to mitigate damages due to eviction or abandonment of the property

A

Reasonable efforts to re-rent the property, including treat the leasehold like a vacant stock (advertise, allow for viewings)

32
Q

Under the majority rule: If a landlord does not make diligent efforts to mitigate damages due to tenant abandonment or his own breach, what might the tenant be allowed to do in response?

A

Relief from obligation to continue to pay rent

33
Q

Under the majority rule, if a landlord does mitigate, what is the calculation of damages?

A

Original rent - rent received from replacement tenant

34
Q

True or false: under the majority rule, if the original tenant finds a new tenant, the landlord must accept the replacement

A

False. The landlord does not have to accept an unacceptable replacement tenant.

35
Q

What is the minority rule for landlord mitigation of damages?

A

Landlord does not have to mitigate. Relates more to commercial leases.

36
Q

In what circumstances may a landlord impose a higher rent on a holdover tenant?

A

The landlord can impose a higher rent if the landlord had informed the tenant of the increase prior to the expiration of the old lease.

37
Q

What is the difference between actual and legal possession?

A

Actual possession == physical possession
Legal possession == better right over anyone else

38
Q

True or false: A landlord may never deny the tenant quiet enjoyment

A

True. Quiet enjoyment is violated when the landlord or someone connected to the landlord renders the premises unsuitable for intended purposes.

39
Q

True or false: Landlord must control third party actions that are beyond the landlord’s control

A

False.

40
Q

Tenants owe a duty of _____, which extends to invitees, licensees, and foreseeable trespassers

A

Duty of Care

41
Q

Under the common law (older rule), what duty does a landlord have towards invitees, licensees, and foreseeable trespassers?

A
  1. Hidden defects about which the tenant has not been warned
  2. Faulty repairs completed by the landlord negligently
  3. Negligence that causes injuries in common areas
42
Q

What is the modern trend (newer rule) for landlord duties to invitees, licensees, and foreseeable trespassers?

A

General duty of reasonable care (more broad/encompassing)

43
Q

Explain the difference between assignment and sublease

A

Assignment: complete transfer of tenant’s remaining term
Sublease: transfer for less than entire duration of lease

44
Q

True or false: in a lease transfer, if the tenant retains a reversionary interest in the leasehold, this is a complete transfer

A

False. A reversionary interest in the leasehold is a sublease (less than whole)

45
Q

In an assignment, a landlord can collect rent from?

A
  1. The tenant because of privity of contract; OR
  2. The subsequent tenant because of privity of estate

(cannot go after both in a breach – pick one)

46
Q

In a sublease, a landlord can collect rent from:

A

The tenant only because of privity of contract and estate

(the subsequent tenant who has less than the whole lease only has rent obligations to the tenant)

47
Q

If a lease requires the landlord’s permission to transfer, but is silent as to the applicable standard, what two standards are utilized?

A
  1. Majority rule: landlord may deny for a commercially reasonable reason
  2. Minority: landlord may deny at their discretion
48
Q

True or false: a landlord must acquire the tenant’s permission before transferring her interest.

A

False. Landlord does not need tenant’s permission. New landlord bound by terms of existing lease.

Property: Bar Review (13 decks)

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