Landlord/Tenant

Question 1

4 kinds of landlord/tenant estates

Answer 1

1. Tenancy for years
2. Period tenancy
3. Tenancy at Will
4. Tenancy at Sufferance

Question 2

Tenancy for years

Answer 2

estate measured by a fixed and ascertainable amount of time (any length of time)

Question 3

Does SOF apply to tenancy for years?

Answer 3

Yes, for leases longer than 1 year - must be in writing

(3 years in PA)

lease subject to SOF is voidable until tenant takes possession and landlord accepts rent

Question 4

Termination of Tenancy of years

Answer 4

occurs AUTOMATICALLY at the expiration of the term

but also breach usually gives rise to a right to terminate

Question 5

Periodic tenancy

Answer 5

repetitive, ongoing estate measured by a set period of repetitive time (month-to-month)

NO predetermined termination date

Question 6

How is a periodic tenancy created?

Answer 6

express agreement, implication (failure of express agreement to mention a termination date) or operation of law (ex: holdover tenant)

Question 7

termination of a periodic tenancy

Answer 7

Because it automatically renews, notice is required

Notice must be given before the beginning of the intended last period

Question 8

Tenancy at Will

Answer 8

leasehold that does NOT have a specific term and continues until terminated by either the landlord or the tenant

Question 9

Creation of a tenancy at Will

Answer 9

Express agreement
OR implication of BOTH tenant and landlord (compare to holdover tenant) if person is allowed to occupy the premises

UNLESS TAW is explicitly created, paying of rent CONVERTS tenancy at will into a periodic tenancy

Question 10

Termination of a tenancy at will

Answer 10

can be terminated by either party without advance notice BUT tenant had to be given reasonable time to vacate

BUT most states require party give advance notice now

If agreement gives only landlord right to terminate at will, reciprocal right to tenant is implied (opposite is NOT true)

Question 11

Tenancy at sufferance

Answer 11

Holdover tenant - period of time after the expiration of a lease during which the tenant remains on the premises without the landlord’s permission

Created by actions of the tenant alone

Question 12

termination of a tenancy at sufferance

Answer 12

tenant leaves or landlord evicts

Tenant obligated to pay reasonable value of his use and occupancy and reasonably foreseeable special damages that result from the holdover

Question 13

2 basic duties of a tenant

Answer 13

1. pay rent

2. avoid waste

Question 14

2 exceptions to the duty to pay rent

Answer 14

1. Destruction (ex: flood) as long as tenant isn’t responsible
2. Material breach of lease by the landlord (ex: implied warranty of habitability in a RESIDENTIAL lease)

Question 15

Are tenants able to make improvements? (Ameliorative waste)

Answer 15

Tenant able to make changes to the physical condition of a property that increases the value IF REASONABLY NECESSARY for the tenant to use the property in a reasonable manner

Question 16

CONTRACTUAL duty to repair

Answer 16

In commercial lease - if specifies tenant must “repair and maintain” the property, tenant generally liable for all damages (unless the landlord is responsible). If damage is significant (ex: fire) read narrowly

Residential lease - generally VOID

Question 17

Landlord remedy for failure to pay rent

Answer 17

1. Evict (material breach)

2. sue for damages (ONLY what has become due - anticipatory repudiation does not apply to leases)

Question 18

Landlord remedy for abandonment

Answer 18

retake

Also duty to mitigate by making an effort to re-rent (can hold tenant liable for any gap)

Question 19

Holdover tenants and new periodic tenancy

Answer 19

Instead of evicting, landlord can bind holdover tenant to a new periodic tenancy

Either inform them of this, or accept rent

Length is determined by the rental calculations (when rent was due) under the prior lease

Question 20

4 duties of a landlord

Answer 20

1. give actual possession
2. duty to repair (residential only, usually)
3. Warranty of habitability (residential only)
4. covenant of quiet enjoyment

Question 21

Warranty of habitability

Answer 21

property is reasonably suited for residential use

failure to comply with housing code = breach of warranty of habitability

cannot be waived by the tenant

If not habitable - can refuse to pay rent, remedy and offset, defend against eviction

Question 22

Covenant of Quiet enjoyment

Answer 22

implied in EVERY lease (commercial and residential)

Breached when possession of the tenant is disrupted (by landlord or agent)

LL not liable for acts of other tenants, but duty to take action against nuisance-like behavior

Breach by LL = actual or constructive eviction

Question 23

Constructive eviction

Answer 23

if LL breaches a duty to the tenant that SUBSTANTIALLY interferes with tenant’s use and enjoyment

Tenant’s obligation to pay rent is excused ONLY if the tenant gives notice and adequate time for the landlord to fulfill his duty AND vacates in a reasonable time

Question 24

tort liabilities for tenants/landlords

Answer 24

Tenant = duty of care to invitees, licensees, foreseeable trespassers. NOT violated by failure to remove snow/ice

Landlord = injuries in common and public areas, or those from a hidden defect or faulty repair

Question 25

Assignment vs. sublease

Answer 25

Assignment = complete transfer

sublease = anything less than the entire rest of the period

Question 26

Assignee’s rights and liabilities

Answer 26

in privity with the landlord

responsible for rent and other lease provisions that run with the land

Question 27

Sublessee’s rights and liabilities

Answer 27

NOT in privity with the landlord, not responsible for rent or other covenants

UNLESS expressly assumes the rent - becomes personally liable

Question 28

original tenant’s rights and liabilities (assignment/sublease)

Answer 28

Privity only terminates by successful assignment

Remains liable for all covenants even after successful assignment UNLESS landlord releases from all liability (novation)

Question 29

Landlord assignments

Answer 29

totally fine unless lease says otherwise

Rent + other burdens that run with the land are then owed to the new landlord (and vice versa - new LL owes covenants that run with the land to the tenant)

Question 30

Attornement

Answer 30

Tenant’s acknowledgement of a new landlord

• writing
• payment of rent

Question 31

If lease prohibits subleasing or assignment…

Answer 31

Tenant can still do it, but LL can terminate lease for breach + get damages

Question 32

If lease requires LL permission to sublease/assign…

Answer 32

generally LL can only withhold permission on a commercial reasonable ground