Landlord/Tenant Flashcards

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1
Q

What is a tenancy for years?

A

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

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2
Q

What is a periodic tenancy?

A

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

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3
Q

How is a periodic tenancy created?

A

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

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4
Q

How is a periodic tenancy terminated?

A

By providing written notice at least a full period in advance

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5
Q

What is a tenancy at will?

A

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

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6
Q

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

A

(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

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7
Q

What is the implied warranty of quiet enjoyment?

A

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

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8
Q

When does constructive eviction occur?

A

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

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9
Q

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

A

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

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10
Q

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

A

There are none

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