Landlord/Tenant

Question 1

What is a tenancy for years?

Answer 1

A lease that lasts for a fixed period, automatically terminates at the end of the period

Question 2

What is a periodic tenancy?

Answer 2

A tenancy that continues for a specific period (weekly/monthly) until terminated by proper notice

Question 3

How is a periodic tenancy created?

Answer 3

(a) expressly; (b) by implication, if rent is paid every specific period; OR (c) by law

Question 4

How is a periodic tenancy terminated?

Answer 4

By providing written notice at least a full period in advance

Question 5

What is a tenancy at will?

Answer 5

A tenancy that continues until either party terminates it, and is usually created by express agreement

Question 6

What may a tenant do if the landlord breaches the implied warranty of habitability?

Answer 6

(a) move out and terminate lease; (b) withhold/reduce rent; (c) repair the issue and deduct the cost; or (d) remain on the premises and sue for damages

Question 7

What is the implied warranty of quiet enjoyment?

Answer 7

A warranty implied in every lease, which prevents the landlord from interfering with the tenant’s quiet enjoyment and possession of the property

Question 8

When does constructive eviction occur?

Answer 8

When (1) landlord breached a duty to the tenant; (2) causing a loss of the substantial use and enjoyment of the premises; (3) tenant gave landlord notice of the condition; (4) landlord failed to remedy the condition within a reasonable time; and (5) tenant vacated premises

Question 9

What are the landlord’s duties to repair in residential leases?

Answer 9

Duty to repair common areas; duty to warn about latent defects that create a risk of serious harm that landlord knows or should know of

Question 10

What are the landlord’s duties to repair in a commercial lease?

Answer 10

There are none