Landlord-Tenant

Question 1

What is attornment?

Answer 1

The tenant is bound to honor any covenant in his lease that has been assigned by the landlord to a third-party, if the covenant touches and concerns the land.

Question 2

What is the implied covenant of quiet enjoyment in a lease?

Answer 2

Every lease contains an implied covenant of quiet enjoyment, which is breached only when the landlord disrupts the possession of the tenant.

• if the landlord substantially interferes with the tenants use and enjoyment of the leasehold by breaching a duty to the tenant, then the tenants obligation to pay rent is excused due to constructive evection only if

*the tenant gives notice and vacates the property within a reasonable amount of time.

Question 3

What is the doctrine of merger?

Answer 3

Under the doctrine of merger, obligations contained in the contract of sale, including the seller’s duty to deliver marketable title, merge into the deed and cannot thereafter be enforced through a breach of contract action.