Landlord/Tenant

Question 1

Types of Tenancies

Answer 1

• Term of years
• Periodic
• Tenancy at will
• Tenancy at sufferance (holdover)

Question 2

Tenancy for years

Answer 2

Tenancy for a fixed, specific period of time

know the termination date

Question 3

Periodic tenancy

Answer 3

Lease which continues for successive intervals (w/o specific end date)

Question 4

Tenancy at will

Answer 4

Either party may terminate w/o notice

Question 5

Tenancy at sufferance

Answer 5

When T wrongfully holds over and stays past the end date of his lease

Terminates when L moves to evict or holds T to new tenancy

Question 6

Rights and Duties (1/2)

Answer 6

• T must pay rent and not commit waste

- L may require security deposit

Question 7

Rights and Duties (2/2)

Answer 7

• Implied warranty of habitability for RESIDENTIAL property where L must keep property in habitable condition
• L can constructively evict a T if there is something that renders premises unusable, L fails to act after notice, and T leaves —— T must actually leave to win eviction action

Question 8

Assignment

Answer 8

When T assigns his ENTIRE interest:

• liable on the lease under privity of contract
• assignee liable under privity of estate

Question 9

Sublease

Answer 9

When T rents his land to a sublease but has some interest left:

• the sublessor is liable on the lease under privity of estate and contract
• sublessee not liable to L on the lease

Question 10

Nonassignment and nonsublease clauses

Answer 10

Enforceable but strictly construed and courts will try to find waiver

Question 11

Termination

Answer 11

1. Eviction: if T doesn’t pay rent, the L can evict the T from the property
2. Surrender: if the T does not pay rent but has abandoned the property, L can treat it as a surrender —- excuses future rent obligations
3. Duty to mitigate: L must try to mitigate damages by re-renting the land (modern)