Landlord and Tenant

Question 1

Tenancy for years

Answer 1

Any fixed period of time. Automatically terminates at end of term (no notice needed).

May be terminated before end of term (e.g., breach of lease covenant).

Created by express agreement.

If term > 1 year, SoF applies. Written lease signed by party to be charged.

Question 2

Periodic tenancy

Answer 2

Repetitive, ongoing estate by set periods of time with no predetermined termination date.

Term may be fixed by the parties or by their actions.

Automatically renews at the end of each period unless valid termination notice.

Created by express agreement, implication (no mention of duration), or operation of law (holdover tenant).

Question 3

Termination notice for periodic tenancy

Answer 3

Must generally be given before last period begins, but for a year-to-year tenancy, must be given at lease six months in advance.

Late notice is effective for the next period.

Generally effective as of the last day of the period.

Oral notice generally sufficient.

Question 4

Tenancy at will

Answer 4

No specified term; continues as long as L and T want.

Created by express agreement or implication.

May be terminated by either party.

Common law no notice required, but L must give T reasonable time to vacate. Most states now require notice.

Question 5

Tenancy by sufferance (holdover)

Answer 5

T wrongfully remains in possession after the expiration of the lease.

T is bound by the terms of the lease that existed before expiration, including payment of rent.

Tenancy lasts until T vacates, L evicts T, or L elects to hold T to periodic tenancy.

Question 6

Tenant duty to pay rent

Answer 6

Duty to pay unless premises destroyed (lease terminated and tenant excused), or material breach by landlord.

Question 7

Tenant duty to avoid waste

Answer 7

Affirmative waste - T prohibited from committing voluntary waste.

Question 8

Tenant ameliorative waste

Answer 8

T may make changes to physical condition of property that increase the property value if reasonably necessary for T to use property in reasonable manner, unless L and T agree otherwise.

Question 9

Tenant permissive waste

Answer 9

Unless relieved by lease, statute, or ordinance, T has a duty to repair the premises to keep it in its pre-rental condition.

No duty to repair normal wear and tear (unless L and T agree).

Question 10

Tenant duty to repair

Answer 10

Non-residential leases, T may be contractually liable for all damage to property (unless caused by L).

Question 11

LL remedies - T failure to pay rent

Answer 11

(Majority) LL can sue for damages and evict and terminate lease (could not evict or terminate at CL).

Question 12

LL remedies - future rent

Answer 12

No anticipatory repudiation in most states.

Where AR applies, damages limited to difference between future rent under lease and either (i) reasonable rent value or (ii) actual rent collected from re-letting.

Question 13

LL remedies - late rent

Answer 13

LL entitled to damages.

Whether LL can sue to remove depends on if breach is material or LL waived right to evict by accepting late rent.

Question 14

LL remedies - abandonment

Answer 14

Treated as offer to surrender rights under the lease.

LL accepts surrender - lease terminates and T liability for future rent ends.

LL rejects surrender - T remains liable for rent, but under majority rule, L has duty to mitigate damages.

Question 15

Landlord duty of possession

Answer 15

LL must deliver actual physical possession or no obligation for T to pay rent.

Question 16

Landlord duty to repair

Answer 16

Except for T damages, LL must repair for residential but not for commercial leases.

Question 17

Landlord warranty of habitability

Answer 17

(Residential only) premises must be fir for basic human habitation (health/safety).

If breached:
T must notify L of defect and give reasonable time to repair; and
Then T can refuse to pay rent, make reasonable repairs and deduct cost from future rent, or remain in possession, pay rent, and seek damages.

Question 18

Landlord covenant of quiet enjoyment

Answer 18

(Commercial and residential)

T has a right to quiet use and enjoyment of the premises without interference from LL.

LL has duty to control other tenants’ nuisance in common areas.

Breach may amount to eviction.

Question 19

Actual eviction

Answer 19

If LL excludes T from premises.

Lease is terminated and T’s obligation to pay rent ends.

Question 20

Partial eviction

Answer 20

T excused from paying rent for L’s partial eviction, but must pay reasonable rental value if partial eviction by third party with superior claim.

T not excused from paying rent for partial eviction by adverse possession/trespasser.

Question 21

Constructive eviction

Answer 21

Substantial interference caused by L’s actions or failure to act, T must give notice of problem, L fails to respond.

T must vacate premises within reasonable time after L fails to fix problem.

Question 22

Retaliatory eviction (defense)

Answer 22

L may not evict a residential T for complaining about housing code violations or refusing to pay rent when L breaches the warranty of habitability.

Defense not available to T in unjustifiable arrears.

Question 23

Security deposit

Answer 23

Amount and terms usually set by statute.

Usually retained in an escrow account and must be promptly returned at the end of the lease, absent an explanation for retaining it.

Question 24

Tenant tort liability

Answer 24

Duty of care owed to invitees/licensees/foreseeable trespassers and may be liable for dangerous conditions/activities.

Question 25

Landlord tort liabilites

Answer 25

Common law - liable for injuries in common areas, non-common areas under L’s control, or from hidden defect/faulty repair by L or L’s agent.

Modern - general duty of reasonable care; liability for defects existing prior to T’s occupancy, failure to make reasonable repairs, and criminal activities of third parties who injure Ts.

Question 26

Assignment

Answer 26

Complete transfer of T’s remaining lease term.

Question 27

Sublease

Answer 27

Any transfer for less than the entire duration of the lease.

Question 28

Assignee tenant liability

Answer 28

Assignee-T liable to L for rent/covenants running with lease because assignee-T is in privity of estate with L.

If assignee-T reassigns lease, his privity with L ends and subsequent T is now in privity with L.

Question 29

Sublease tenant liability

Answer 29

Sub-T not liable for rent/covenants in lease to L because not in privity of contract with L.

If sub-T expressly assumes covenants, then personally liable to L.

Sub-T can enforce all covenants made by original lessee in sublease, but not any made by L.

Question 30

Original tenant liability in assignment/sublease

Answer 30

Liable for lease covenants UNLESS novation by L because still in privity of contract with L.

Privity of estate ends upon assignment, but not sublease.

Question 31

Landlord assignments

Answer 31

Generally, L may assign lease rights and obligations to third party, but L remains liable to T for all covenants in the lease.

T must pay rent to assignee-L and obey lease covenants.

Assignee-L must perform any burden imposed by lease covenant.

Question 32

Attornment

Answer 32

T’s acknowledgment of a new L.

Usually arises automatically upon payment of rent to assignee-L or notice to T.

Formal acknowledgement of an assignee-L’s ownership may be required in COMMERCIAL leases.

Question 33

Assignment/sublease limitations

Answer 33

T can still assign/sublet if lease prohibits, but L can terminate for breach and recover damages.

L can withhold permission to grant assignment or sublease on reasonable grounds in relationship to the property being leased, and not on a whim or personal prejudice.