Landlord and Tenants

Question 1

What are the four leasehold estates:

Answer 1

(1) tenancy for years; (2) periodic tenancy; (3) tenancy at will; (4) tenancy at sufferance

Question 2

A tenancy for years:

Answer 2

• is set for a fixed, determined, period of time
• must be in writing if is for more than 1 year
• terminates automatically at the termination date

Question 3

Periodic Tenancy:

Answer 3

• lease continues for successive intervals (month-to-month; year-to-year)
• it is continuous until properly terminated

Question 4

How is an implied periodic tenancy created?

Answer 4

• Lease agreement doesn’t specify terms but provides for rent to paid at set intervals
• an oral lease for years creates an implied periodic tenancy measured by how rent is paid
• a residential holdover tenant creates implied periodic tenancy measured by how rent is paid

Question 5

How is a periodic tenancy terminated?

Answer 5

Generally, written notice

• Month-to-month: requires 1 month notice
• week-to-week: requires 1 week notice
• Year-to-year: requires 6 months under common law approach or 1 month under modern restatement

Question 6

The Tenancy at Will:

Answer 6

(1) tenancy with no fixed period of termination; and (2) provides it is freely terminable at the will of the landlord or tenant

Question 7

Tenancy at sufferance:

Answer 7

created when a tenant wrongfully remains in possession past the expiration of a lease; only lasts until landlord evicts tenant or holds tenant to a new tenancy

Question 8

What is the hold over doctrine?

Answer 8

If a tenant stays beyond termination of the lease period, the landlord may choose to either evict the tenant or hold the tenant to a periodic tenancy

Question 9

How are the terms of a periodic tenancy for a holdover residential tenant determined?

Answer 9

(1) generally held to a new month to month tenancy
(2) the terms of the original lease become part of the new periodic tenancy; and
(3) if before the lease expired the landlord notified tenant of an increased rent, the tenant is held to the increased rent payment

Question 10

Who may terminate a lease?

Answer 10

• Landlord can terminate for nonpayment of rent; and

- Tenant can terminate if landlord breaches covenants of quiet enjoyment or implied warranty of habitability

Question 11

What are a tenants two primary duties?

Answer 11

(1) repair; and (2) pay rent

Question 12

What are the tenant’s duty to repair when the lease is silent?

Answer 12

• maintain the premises (responsible for routine repairs, but doesn’t need to repair damage attributable to passage of time)
• not to commit voluntary, permissive, or ameliorative waste

Question 13

What are a Tenants duty to repair when expressly made in the lease?

Answer 13

• a Residential tenant who covenants to repair is generally only held responsible to repair damage they cause; the landlord usually remains obligated to repair under implied warranty of habitability
• a commercial/ nonresidential tenant who covenants to repair will be obligated to make ordinary wear and tear repairs UNLESS the covenant excludes wear and tear repairs

Question 14

What are a Tenant’s duty to pay rent who is in possession?

Answer 14

if a tenant on the premise refuses to pay rent the landlord can evict or continue the tenancy and sue the tenant for the amount due

Question 15

What are the landlord’s rights when a tenant wrongfully vacates?

Answer 15

SIR (Surrender, Ignore and tenant responsible for unpaid rent ; or Relet the premise and hold the tenant in breach liable for deficiency

Question 16

What is the affect of a condemnation of a leasehold?

Answer 16

• If the entire leasehold is taken tenant no longer has to pay rent and is entitled to compensation
• If the leasehold is taken for a temporary period then tenant must continue to pay rent but is entitled to compensation

Question 17

What are the landlord’s duties?

Answer 17

(1) deliver possession to tenant; (2) implied covenant of quiet enjoyment; and (3) Implied warranty of habitability

Question 18

What is the duty to deliver possession?

Answer 18

landlord puts tenant in physical possession of the leasehold on the beginning of the lease hold term (failure to delivery is a breach and tenant can get damages)

Question 19

Implied Covenant of Quiet Enjoyment:

Answer 19

(1) Applies to residential and commercial leases; (2) provides T has a right to quiet use and enjoyment without interference from landlord or some paramount title holder; and (3) can be breached by actual eviction, partial eviction, or constructive eviction.

Question 20

When does actual eviction occur?

Answer 20

landlord, paramount title holder, or holdover tenant excludes tenant from entire premises; tenant no longer has to pay rent

Question 21

When does partial eviction occur?

Answer 21

tenant is physically excluded from a portion of the premises; if this is done by the landlord then the tenant doesn’t have to pay rent

Question 22

When does a tenant have a claim for constructive eviction?

Answer 22

(1) landlord’s breach of quiet enjoyment makes premise unsuitable for occupancy; and (1) there is substantial interference; (2) notice given to the landlord and landlord fails to fix; and (4) tenant leaves after landlord fails to fix (remember SING)

Question 23

Implied Warranty of Habitability:

Answer 23

(1) implied only in residential leases; (2) nonwaivable; (3) guarantees premise is fit for basic human living (I.e. running water, heat in winter, plumbing up to code)

Question 24

What are the tenants options when a breach of habitability happens?

Answer 24

(1) Tenant can move out; (2) tenant can remain, repair, and deduct cost of repair from rent; (3) Reduce or withhold rent in an escrow account until a court determines fair rental value; or (4) remain in possession, pay full rent, and seek money damages

Question 25

Is a sublessee personally liable to the landlord for rent/ any other covenants that run with the lease?

Answer 25

No unless the sublessee expressly assumes it

Question 26

Can a landlord assign their rights to rent and reversion in a leased premise?

Answer 26

Yes, without consent of the tenant

Question 27

What are the rights of the landlord’s assignee?

Answer 27

(1) once tenant is notified of the assignment, they are entitled to receive rent payments; and (2) assignee becomes liable for performance of covenants that touch and concern the land

Question 28

What are the five exceptions to caveat lessee?

Answer 28

Common areas; Latent defects; Assumption of repairs; Public uses; Short term lease of furnished dwellings (CLAPS)

Question 29

What is the latent defects rule?

Answer 29

landlord has duty to WARN of known dangerous conditions that aren’t discoverable by reasonable inspection

Question 30

What is the short term lease of furnished dwelling rule?

Answer 30

Landlord is liable in tort for any defective condition that injures a tenant

Question 31

What is a fixture?

Answer 31

chattel so affixed to land that it is no longer personal property and has become part of the realty

Question 32

Generally, if removal of a chattel could cause extensive damage to the property, it must remain on the property

Answer 32

unless the tenant and landlord expressly agree that the tenant can add and remove any chattels the tenant installs