Landlord Tenant

Question 1

Non Freehold Estates

Answer 1

Estate for years
Periodic Tenancy
Tenancy at will

Question 2

Estate for years

Answer 2

An agreement where the landlord and tenant know in advance exactly how long the tenancy will last

Notice: A tenant is not required to give notice that they are leaving. Once the term is up, the tenancy is over.

Question 3

Periodic Tenancy

Answer 3

Lasts for an initial fixed period, and then automatically renews for an additional fixed period until either the landlord or the tenant gives advance notice that the tenancy will end

Notice: tenant must give notice that it is ending

• tied to the period of the lease
• 6 months is the limit

Question 4

Tenancy at will

Answer 4

Has no fixed duration - can be ended at any time by either the Landlord or the Tenant.

Question 5

Garner v. Gerrish

Answer 5

Donovan and Gerrish entered into arrangement where Gerrish moves in at a rent of $100/month. and that it lasts as long as Gerrish wishes. Donovan died, executor tried to kick out Gerrish.

Court found that this was a life estate determinable so Gerrish could stay as long as he wants. Key was looking at the intent of the parties.

At CL, a tenancy at will was a tenancy at will for both parties.
- this case abandoned the CL rule

Question 6

Hannan v. Dusch

Answer 6

Dusch leased to Hannan for 15 years - estate for years
Hannan went to move in and found previous owner still there.

Rule: Absent an express provision in the lease, the landlord does not have a duty to deliver actual possession of the premises. The duty is on the tenant to oust the previous tenant.

Question 7

Berg v. Wiley

Answer 7

CL rule before this case:
Self-help allowed if:
- landlord is entitled to possession
- retake by peaceable means

No self-help evictions

Rule: The only lawful means to dispossess a tenant who has not abandoned nor voluntarily surrendered but who claims possession adversely to a landlords’ breach of a written lease is by resort to judicial process

Question 8

Sommer v. Kridel

Answer 8

Rule: A landlord has a duty to mitigate damages where he seeks to recover rents due from a defaulting tenant. Landlord must make reasonable efforts to re-let the premises.

Here, the landlord had the opportunity to relet, but refused.

Question 9

Hilder v. St. Peter

Answer 9

Implied Warranty of Habitability can never be waived

court rejected old property theory that said the duty was on the tenant to keep the conditions good. old rule was because tenants were usually skilled. Now they are not.

• Caveat Lessee also applied before this - tenant takes premises as is
• also, under property theory, the obligation to pay rent was wholly independent from condition of the premises. So even if the tenant did not like the conditions, he still had to stay and pay and then sue for damages later

Question 10

When a tenant defaults, what can the Landlord do?

Answer 10

1. Bring a cause of action for ejectment
2. negotiate with the tenant

• No Self Help allowed*
• was originally allowed at CL

Question 11

Common Law Requirements for Self-Help Evictions

Answer 11

1. Landlord must be entitled to possession

2. Landlord must retake by peaceable means

Question 12

What are the landlord’s duties if the tenant abandons the lease?

Answer 12

Landlord has a duty to mitigate damages. If the landlord has other vacant apartments, the landlord’s duty consists of making reasonable efforts to re-let the premises.

Landlord has the burden of proving that he made reasonable efforts

Landlord always can always accept surrender - relieving tenant of duty to pay

Question 13

The Lease

Answer 13

Both a conveyance to a tenant and a contract between the landlord and tenant

Conveyance (of non-freehold estate): Transfers possessory interest in land

Contract: contains a number of promises - tenant to pay rent; L to provide utilities,, etc.