Landlord and Tenant

Question 1

4 Types of Leasehold Estates (aka less than freehold)

Answer 1

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

Question 2

Contract Theory of Leases

Answer 2

Lease is treated as bilateral contract. Covenants are treated as mutually dependent. Breach of covenant by the landlord will excuse the tenant’s performance of his covenant

Question 3

Estate for Years

Answer 3

Marked by its certainty of duration. A fixed period of time. A tenancy for years is subject to the Statute of Frauds: The lease must be in writing if for more than one year, or a contract that can’t be performed within one year from the making thereof.

Question 4

Periodic Estate

Answer 4

An estate that goes from period to period. The beginning date is certain but the ending date is uncertain until notice is given.

Question 5

How are periodic estates created?

Answer 5

1. By express agreement “LL leases to T from month to month”
2. By Implication. An indefinite term lease where periodic rent payments are reserved.
3. By Operation of Law.
   a. Tenant Holds Over with the consent of the LL
   b. Lease is invalid (e.g. not in writing) and there is a periodic payment of rent.

Question 6

Estate at Will

Answer 6

A tenancy terminable by either the LL or the T. A tenancy at will can also terminate by operation of law if:

1. either party dies
2. Tenant commits waste
3. Tenant attempts to assign his tenancy
4. LL transfers his interest in the property
5. LL executes a term lease to a 3rd person

Question 7

Tenancy at Sufferance

Answer 7

Tenant wrongfully remains in possession of the property after the expiration of a lawful tenancy

Question 8

Assignment

Answer 8

The transfer of an existing estate. At CL an assignment was creates when a lease was transferred to another for the entire remainder of its term.

Question 9

Sublease

Answer 9

The creation of a new estate carved out of an existing one. At CL a transfer of anything less than the entire term of the lease is a sublease.

Question 10

Implied Covenant of Quiet Enjoyment

Answer 10

Every lease has an implied covenant of quiet enjoyment, whereby the landlord (or someone with paramount title) promises not to interfere with the tenant’s possession or quiet enjoyment of the property. Interference with quiet enjoyment occurs when the there is a total eviction, partial eviction or constructive eviction.

Question 11

Constructive Eviction

Answer 11

Can occur when the following happens:

1. The LL does not provide a service he obligated to provide or acts in some way that causes injury to the premises
2. The conditions as a result of the above make the premises uninhabitable such that there is substantial interference with the Ts quiet enjoyment of the property.
3. The T abandons the premises w/in reas time after the cov is breached

Question 12

Assignment v Sublease

Answer 12

3 different rules depending on jx

1. CL rule
2. MA rule
3. Intent of the parties rule