Landlord and tenant law

Question 1

List (4); wyps

Types of leasehold estates (estate in land)

Answer 1

1. Tenancy for years- sof applies if greater than 1 yr
2. periodic tenancy
3. tenancy at will
4. tenancy at sufferance

Question 2

What is a tenancy for years

aka estate for years or term of years

Answer 2

lease for a KNOWN fixed, determine period of time

Question 3

How is a TOY terminated

Answer 3

automatically ends at its termination date, no notice needed

Question 4

What is a periodic tenancy

Answer 4

lease which continues for successive intervals

special factor: continuous until properly terminated

Question 5

How is PT created

Answer 5

1. expressly or
2. by implication/operation of law

Question 6

List (3)

How is PT created thru implication/operation of law

Answer 6

1. NO duration: land leases with no mention of duration
2. Oral Agreement: lease is invalid → oral term of years violates of SOF but T takes possession anyways → converts TAW to PT
3. Hold over: LL elects to hold over a T who has over stayed on the original lease

Question 7

How is PT terminated

Answer 7

need notice, CL says: at least equal to the period itself,

meaning that if there is a month-to-month PT need 1 month notice

CL year-to-year → 6 mo

Restatement year-to-year → 1 mo (restatement is bar examiners preference)

Question 8

What is a tenancy at will

Answer 8

tenancy of NO fixed period, terminable at will

Question 9

how is a TAW created

Answer 9

1. express agreement - p**arties had expressly agreed that either party could terminate at any time
2. payment of regular rent

Question 10

List (4); NOLT

how is TAW terminated

Answer 10

Terminated at will through:

1. notice and reasonable time to quit
2. operation of law - ie death, waste
3. if only LL has rights in lease to terminate at will → T gets same termination rights
4. if only T has rights in lease to terminate at will → LL DOES NOT have same termination rights

Question 11

what is a tenancy at sufferance

Answer 11

T wrongfully holds over after termination of tenancy

Question 12

how is TAS created

Answer 12

T’s lease end but T continues to occupy

Question 13

termination of TAS

Answer 13

FORMULA: TAS elements + NO notice needed

1. LL can evict
2. LL elects to hold T to new tenancy

Question 14

Hold-over doctrine

If T stays after tenancy has ended, LL can:

Answer 14

If T stays after tenancy has ended, LL can:

1. Evict
2. Bind T to new periodic tenancy
   
   1. commercial tenants - usually held to a 1 yr lease if og was more than a year
   2. residential tenants - usually a new month to month regardless of original lease

Question 15

If the LL notifies the T before tenancy period is up that the new tenancy will be subject to an increased rent and the T holds over, this means what in regards to the T?

Answer 15

T has acquiesced/assented to the new terms

Question 16

List (3)

Hold-over exceptions

iow: LL cannot bind the T to a new tenancy/hold-over doctrine will not apply:

Answer 16

LL cannot bind the T to a new tenancy/hold-over doctrine will not apply:

1. will not apply when T remain in possession for a few hours after tenancy is over
2. will not apply when T leaves a few articles of personal property after tenancy is over
3. will not apply if delay in T leaving is NOT T’s fault (ie T cannot leave because they got covid so they stay an extra two weeks)