Landlord-Tenant

Question 1

Types of Leasehold 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

Fixed time period

No notice to term.

Question 3

Periodic Tenancy

Answer 3

Express or implied (rent period)

Auto-renew for successive periods until written notice (default: pay period up to 6 months)

Question 4

Tenancy At Will

Answer 4

No fixed time, but rent payment usually implies periodic tenancy

Can term anytime (usual reas. demand req.)

Lease gives only L term right = T implied
Lease gives only T term right = Life Estate Det. with Poss. of Reverter

Question 5

Tenancy At Sufferance

Answer 5

Wrongful holdover
Continues until L evicts or elects to hold T to new term
—residential: new term is monthly
—commercial: new term capped at 1 year
—same terms unless notice b4 end

Question 6

Tenant Duties

Answer 6

1. Pay rent
   —L sue for amt due (mod + poss)
2. Repair
   —no waste
   —cov to repair/maintain = liable for all inc. wear + tear (no rebuild if not at fault)
3. Duty to 3rd Parties
   —T always liable as occupier, even if L indem

Question 7

Tenant Abandonment

Answer 7

L can:

1. Accept offer (SOF if unexpired term is > 1 year), or
2. Re-Rent (mod: must mitigate, T liable for deficiency)

Question 8

Landlord Duties

Answer 8

1. Deliver possession
   —CL: right to
   —Mod: actual
2. Quiet Enjoyment: no eviction
   —Actual
   —Partial (by L = no rent, by other = pay frac)
   —Const: wrongful act + notice and cure opp + sub and mat deprivation + abandon within reasonable time
3. Imp Warr of Habitability
   —Res lease = for for human habitation
   —T can (a) move out and assert defense, (b) stay and reduce rent, (c) repair and deduct from rent, (d) stay and sue for damages

Question 9

Lease Assignment

Answer 9

Clause enforced but strictly construed: L objection can be unreasonable (modern)

Tx in violation voidable by L

Covenants

1. Assignor liable bc privity of K
2. Assignee liable if runs with the land bc privity of estate (t+c land aka makes more valuable, rent always)

Question 10

Sublease

Answer 10

Sublessee not liable bc no privity of estate

Only sublessor liable