Landlord-Tenant

Question 1

Commercial Hold Over Tenant

Answer 1

Periodic Tenant that mirrors the terms of the previous written lease.

HOWEVER, that commercial tenancy cannot exceed one year because of SOF. (so for exam, go with year to year).

Rent reflects:
* Prior to lease expiration, notice was recieved of new amount, they are subject to the new amount.

Question 2

Residential Hold Over Tenant

Answer 2

Periodic Tenant for month to month

Rent reflects:
* Prior to lease expiration, notice was recieved of new amount, they are subject to the new amount.

Question 3

Assignment of Lease to Commercial Tenants, Multiple Times and a Balance is Owed

T assigned. A stopped paying and assigned. B did not pay at all.

Answer 3

Here is how it works:
* Original Tenant ALWAYS on the hook. (Privity of K)
* 1st Assignee (A) because they are in possession and rent runs with the land (Privity of Estate), T and A are JOINTLY AND SEVERALLY liable for that rent.
* A abandoned and assigned to B. Now A is off the hook AS OF THAT POINT, and now B is in (Privity of Estate) and B and T are now JOINTLY AND SEVERALLY liable moving forward for rent.

Question 4

Fixtures

Answer 4

Commercial (Trade Fixtures Doctrine)
* Tenant can remove ALL trade fixtures prior to the lease expiring.
* EXCEPTION: Accessions cannot be removed (structural additions).

Residential
* Look at the nature of the chattel. Is it a rare chandelier, or a toilet?
* What is the intent of the tenant?
* How much damage will be caused to the real property if the chattel is removed? The higher the damage, the more likely to stay.