landlord/tenant

Question 1

witing for lease is necessary when

Answer 1

more than a year

Question 2

Term of years

Answer 2

A lease that has a definite beginning and end (set date, months, or years)
T: auto end, no notice

Question 3

periodic tenancy

Answer 3

has no set end date; continues from term to terms
notice depends on the term
yearly: 6 mo.
month: one month
equal to renting period
either expressly created or result of holdover tenant
notice does not take effect until beginning of next rental period

Question 4

Tenancy At-Will

Answer 4

no definite period or term; can be terminated without notice by either party;

(1) LL or tenant dies; or
(2) attempt to transfer interest

Question 5

Tenancy at Sufferance (Holdover Tenant): periodic tenant

Answer 5

If the LL wants the tenant to remain on the land, the tenant becomes a periodic tenant
can be shown by accepting rent

Question 6

Tenancy at Sufferance (Holdover Tenant)

Answer 6

If the LL does not want the tenant to remain on the land, the tenant becomes a tenant at sufferance until the LL can get the tenant off the property

Question 7

How much rent the LL can sue for:
tenancy at years: 
periodic: 
will: 
sufferance:

Answer 7

tenancy at years: all unpaid rent on the lease (modern: duty to mitigate; common law: could only sue for rent owed.)

periodic: liable up till proper notice
will: rental agreement amount already owed
sufferance: reasonable rental value of property

Question 8

failure to deliver posession

Answer 8

Majority Rule: The LL has an obligation to deliver possession of the property to the tenant
(b) Minority (“American”) Rule: The LL has no obligation to deliver possession of the premises; the tenant must take it

Question 9

eviction allows

Answer 9

tenant does not have to pay rent

Question 10

surrender

Answer 10

LL must accept and take possession for this to work

Question 11

warranty of habitability - res and commercial?

Answer 11

majority: just R
MINIROITY: R AND C

Question 12

Ameliorative Waste

Answer 12

Modern law: The tenant can make improvements if expressly authorized, or if a change in circumstances warrant the improvements to be made (provided that
the improvement does not depreciate the value of the property)

Question 13

breach- modern steps

Answer 13

(i) Generally, the LL has to give the tenant notice to either cure the breach or vacate
(ii) There will then be a judicial hearing to determine whether the tenant has
committed a breach, and if so, the tenant will be evicted

Question 14

how prohibit sublease and assignment

Answer 14

lease must clearly spell out prevention of both