LANDLORD AND TENANT

Question 1

Tenancy for Years (3)

Answer 1

1. fixed period
2. expires at end of period w/out notice
3. can be any time period more or less than 1 yr

Question 2

Holdover Doctrine (4)

Answer 2

1. tenancy at sufferance created
2. file action for possession in county court
3. NO SELF HELP
4. LL may recover DOUBLE RENT

Defense: PERMISSION

Question 3

Implied Warranty of Habitability (LL duties) (3)

Answer 3

1. reasonably inspect
2. maintain RESIDENTIAL
   - comply w/ building codes
   - if NO codes, maintain structure in good repair
   (ex. roof, windows, walls)
   - SCREENS: install in reas. condition, repair annually
3. duties may be modified in SINGLE or DUPLEX

Question 4

IWH Multi-Family(apt) (LL duties)

Answer 4

1. pest extermination
2. locks and keys
3. keep common areas clean and safe
4. remove garbage
5. PROVIDE: (i) heat during winter (ii) hot water (iii) running water

Question 5

IWH (tenants duties)

Answer 5

NO duty to repair

EXCEPTION: plumbing in a residence

Question 6

Termination by tenant (define)

Answer 6

tenant can terminate lease if LL fails to MAINTAIN PROPERTY or fails to COMPLY with rental agreement

Question 7

Termination by tenant (requirements) (4)

Answer 7

1. notice (specific non compliance, intent to terminate)
2. LL must cure w/in 7 days, or T can terminate
3. if T pays with actual knowledge of breach, then waived
4. IF FAILURE BEYOND BEYOND LL CONTROL and makes REAS EFFORT, T may term or alter rental agreement

(i) uninhabitable and T vacates: ABATEMENT
(ii) uninhabitable and T stays: rent reduced in proportion to loss of rental value

Question 8

Constructive Eviction (3)

Answer 8

SUBSTANTIAL IMPAIRMENT

1. acts by LL or people acting for LL
2. uninhabitable
3. must move out w/in reasonable time or else WAIVED

Question 9

Abandonment (presumed IF)

Answer 9

1. notice to LL in writing and absent for 1/2 of time of periodic payment
   OR
2. last remaining tenant as died AND
   (i) pers prop remains on premises
   (ii) rent unpaid
   (iii) 60 days after death AND
   (iv) LL not notified in writing of existence of probate estate or name and address of personal representative

Question 10

Abandonment (LL remedies)

Answer 10

1. resume possession
2. accept surrender (treat as terminated)
3. ignore (hold T liable for rent as due)
4. relet (T liable for difference btwn rent OWED and rent RECEIVED)

Question 11

T failure of duties (3)

Answer 11

1. MINOR (ex. unauthorize pet ) written notice of problem and 7 days to correct or LL may TERMINATE

2 MAJOR (ex. prop destruction)- written notice of problem and vacate w.in 7 days

3. RENT- if failure continues for 3 days after written demand (excluding sat, sun, and legal holidays) LL may TERMINATE

Question 12

Termination of tenancy w/out specific duration

Answer 12

year to year- 60
1/4 to 1/4- 30
mo-to-mo-15
week-to-week- 7

LL must MAIL or DELIVER copy, if absent can leave copy at RESIDENCE

Question 13

Rent Deposit

Answer 13

15 days to return security w int OR

30 days to send written notice by certified mail of claim (failure forfeits, but may sue for damages)

Question 14

LL rights to Access for repairs (2)

Answer 14

1. “reas access” - btwn 730 am and 800 pm

2. “reas notice”- at least 12 hrs prior

Question 15

Landlord right to enter (3)

Answer 15

1. T consents
2. emergency
3. of if T w/holds consent to:
   (i) inspect (ii) improve (iii) decorate (iv) repair (v) provide services (vi) show property

*may require T to leave for 4 days for PEST CONTROL with 7 day notice, payment abated during absence