Landlord Tenant

Question 1

Term of Years

Answer 1

any length of time created by agreement between both parties.

autmatically ends no notice required unless agreement says so

if longer than one year needs to meet SOF requirements (period f the lease itself must be longer than one year (ie if lease commences in future))

Question 2

Requirements for SOF for Term of years

Answer 2

ID the parties
ID the premises
specify the duration of the lease
state the rent to be paid
signed by party to be charged

Question 3

periodic tenancy

Answer 3

repetitive ongoing estate measured by a period (month to month, week to week, etc)

created by express agreement of implication

Question 4

How to terminate periodic tenancy

Answer 4

notice of termination must generally be given before the beginning of the intended last period

can be oral or written

Question 5

Tenancy at will

Answer 5

no specific term and continues as long as LL or T want to

created by express agreement or implication by action

Question 6

Terminate Tenancy at Will

Answer 6

At any time

give reasonable time for notice, don’t need advance notice

Question 7

Tenancy Sufferance

Answer 7

holdover tenant who continues oto occupy the premises without LL agreement

not considered to be holdover T if leaves articles of personal property being. Occupation extends a few hours past termination time

Question 8

How can the LL respond to hold over Tenant?

Answer 8

evict through legal action
bind T to new periodic tenancy (specific informing tenancy or by accepting rent)

Question 9

What is the consequence is LL accept rent from holdover T?

Answer 9

T is no longer holdover, they have created a new tenancy

Question 10

Duties of LL

Answer 10

deliver possession
duty to repair
comply with warranty of habitability
comply with covenant of quiet enjoyment

Question 11

LL duty to deliver possession

Answer 11

majority: deliver actual physical possession
minority: legal possesion

Question 12

LL duty to repair

Answer 12

duty to repair is implied even if duty is placed on T in contract, unless it is because of the T

Question 13

Warranty of Habitability

Answer 13

maintain the property suited for residential use
cant be waived
violated when there is (no heating or cooling, ability to refrigerate food, pest issues)

Question 14

What are the consequences when the warranty of habitability is violated?

Answer 14

T can refuse to pay rent, remedy defect & offset the cost, defend against eviction

Question 15

Covenant of Quiet Enjoyment

Answer 15

implied & promise by LL not to interfere with T possession of leases premises

LL is not liable for acts of others Tenants but has a duty to take action against a T nuisance like behavior

any action of breach on part of LL may amount to actual or constructive eviction

Question 16

Partial eviction

Answer 16

if T is prevented from possessing or using a portion of the lease premises then T may be excused from rent if LL is responsibl

Question 17

Constructive Eviction

Answer 17

if LL fails to make repair or sub. interferes with use and enjoyment of leasehold T obligation to pay rent is excused

T must give notice & adq. time to remedy then vacate the premises

Question 18

Assignment

Answer 18

T transfer of the complete lease Term to T1. T will remain in privity of contract with LL

t1 is in privity of estate with LL and liable to rent and any other convents

if T1 assigns to T2, then T1 privity of estate terminates

Question 19

Sublease

Answer 19

T assignment of only part of their lease term

not in privity of estate or contract with LL

Question 20

Exceptions to SOF for Land sale contracts

Answer 20

two of the three are met:

payment of all or part of purchase price
possession by purchases
substantial improvement of the property by purchases

Question 21

Marketable Title

Answer 21

implied even if different language in contract

Title that Is free from defects

deliver at closing (if outstanding mortgage can apply proceeds of sale to mortgage)

Question 22

Defects That make title unmarketable

Answer 22

title acquired by adverse possession
future interest where the holders haven’t agreed to transfer
private encumbrances
zoning violation
physical defect

Question 23

Time is of Essence

Answer 23

assume that it is not unless stated