Landlord Tenant

Question 1

Four Lease-hold estates

Answer 1

1. Tenancy for Years 2. Periodic tenancy 3. Tenancy at Will 4. Tenancy at Sufferance

Question 2

Tenancy for Years

Answer 2

1. What: Lease measured by a fixed and ascertainable amount of time.
2. How created: Written agreement between L and T. How terminated: two ways,
   
   • (a) Automatically terminates at end of lease, or
   • (b) T surrenders and L accepts leasehold before it ends.
3. Special Issues: subject to SoF; voidable until T takes possession and accepts rent.

Question 3

Periodic Tenancy

Answer 3

1. What: A lease that automatically renews at the end of each period until one party gives valid notice.
2. How to create: Can be created by expresse agreement, implied (if no end date in K), or by operation of law (holdover tenant).
3. How to terminate:
   
   • Month-to-Month: 30-Day notice prior to first day of the last month.
   • Year-to-Year: 6-Month advance notice.

Question 4

Tenancy at Will

Answer 4

1. What: A tenancy without a specific end date.
2. How created: express or implied, Tenant is allowed to stay in property without lease. Note: payment and acceptance of rent will convert it into a periodic tenancy.
3. Termination: several options:
   
   • (a) Common law: either party, w/no advc notice
   • (b) Statute: either party w/ advc notice
   • (c) Operation of law: death of either party
   • (d) Waste by tenant
   • (e) L transfers or lease property to 3rd party.

Question 5

Tenancy at Sufferance

Answer 5

1. How created: Lease ends and T remains in posession of property without L’s permission. The terms of the prior lease will control.
2. Terminate: L evicts T or L and T agree to new lease.

Question 6

Sublease and Assignment

Answer 6

Absent languge prohibiting it in lease, a lease can be freely assigned or sublet.

• Assigment is a complete transfer of the tenant’s remaining lease term.
• Sublease is any transfer that is less than the entire duration of the parties.

In either case the orginal T remains in privity of contract with L and thus id ultimatley responseable for rent and lease covenants.

A Novation between L and T is required to release Orginal T from privity of contract.

Question 7

Effect of an Assignment

Answer 7

1. Assignees are in privity of estate with L; so are primarly liable to L for rent and other lease covenants.
2. OT and L maintain privity of contract, unless a novation occurs. Thus, OT remains secondiarly liable if Assignee defaults or assigns to subsquent T.