Landlord and Tenant

Question 1

Types of landlord-tenant estates

Answer 1

Tenancy for years
Periodic tenancy
Tenancy at will
Tenancy at sufferance

Question 2

Tenancy for years

Answer 2

Fixed and ascertainable amount of time

Question 3

When tenancy for years is longer than one year,

Answer 3

it must comply with Statute of Frauds

If not, it is invalid, unless leaseholder has taken possession and then it is a tenancy at will

Question 4

Tenancy for years lease requirements

Answer 4

Identifies the parties, identifies the premises, specifies duration of the lease, states rent to be paid, and is signed by party to be charged

Question 5

Termination of tenancy of years

Answer 5

Do not need to notify because it terminates automatically

Question 6

Periodic tenancy

Answer 6

Week-to-week, month-to-month
Measured by set period
Automatically renews at the end of the period until notice

Question 7

Notice for termination of periodic estate

Answer 7

Full period of notice (except for year-to-year, 6 months notice is sufficient)
Must terminate at the end of the regular lease period

Question 8

Creating periodic tenancy

Answer 8

Parties must have the intent to do so, can be express or implied (ongoing payment of rent)

Question 9

Assignment

Answer 9

Complete transfer of tenant’s remaining lease term

Question 10

Sublease

Answer 10

Transfer for less than the entire duration of the term

Question 11

Assignee Rights and Liabilities

Answer 11

In privity with the landlord
Liable to landlord

Question 12

Sublessee’s Rights and Liabilities

Answer 12

Do not have privity with landlord and are not liable for breach of the tenant’s lease