Landlord-tenant

Question 1

term of years

Answer 1

last for fixed or known period.

1) Under Common Law there is no limitation on time.
2) cant be created by implication
3) No notice of termination required becuase writing specifies when it will terminate.
4) Death does not terminate tenancy but it can be terminable upon the happening of an event.

Question 2

Periodic Tenancy

Answer 2

1) Is period to period (i.e. month to month)
2) can be created expressly or by implication
3) Notice of termination is the period of the tenancy, not to exceed 6 months, year to year requires 6 month notice.
4) Notice terminates at the end of a period; death does not terminate tenancy

Question 3

Tenancy at Will

Answer 3

has no fixed period and endures so long as both parties desire.

1) Terminates at will or death of either party.
2) Some JXNS enforce one sided termination clauses so long as they are clear.
3) Leases with unclear unilateral termination provisions may be enforced to effectuate intent of parties ambiguous leases will be presumed mutual

Question 4

Tenancy at Suffrance

Answer 4

Is when a tenant holds over.

1) Landlord can choose to consent to a new tenancy expressly or by implication
2) or not consent tenant then becomes a trespasser, landlord can file suit to evict and seek damages

Question 5

Landlords Duties

Answer 5

1) English Rule- landlord has no implied covenant to delivery property itself plus legal right to property
2) American rule-landlord has no implied covenant to deliver.

lessee’s remedy is against hold over tenant.

Both default rules that can be contracted around

Question 6

Covenant of quiet enjoyment

Answer 6

1) Applies to both commercial and residential leases
2) Breached when conditions of premises render it substantially unsuitable for the purpose for which they were leased or seriously interferes with benefit and enjoyment. *Conditions must be permanent and ongoing.
3) cant be contracted around but can be waived by passage of time.
4) All JXNS recognize

Question 7

Implied warranty of habitability

Answer 7

Applies to residential leases.

1) requires condition of premises to be minimally adequate for health and safety.
2) Punitive damages are availible to discourage slumlords
3) cant be contracted around and cant be waived by passage of time
4) Tenant must give landlord notice and reasonable opportunity to fix problem before filing suit or abandoning lease. Not all jxns recognize.

Question 8

Default

Answer 8

means to fail a lease obligation

Question 9

Default traditional rule

Answer 9

Landlords could use self help to regain posession but only if they did so peacefully

Question 10

Default Modern Rule

Answer 10

1) Courts do not allow self help but require landlords to go to the courts and other authorities to remove hold over tenants
2) Summary proceedings are fast but only deal with posession not damages
3) landlord must follow proper procedure so tenants common law and constitutional rights are respoected

Question 11

Abandonement

Answer 11

When the tenant walks away from the lease without good cause

Question 12

Constructive eviction

Answer 12

When the tenant walks away from the lease with good cause

Question 13

Traditional Minority Rule Re Abandonement

Answer 13

Landlord did not need to mitigate damages by finding another tenant

Question 14

Modern majority Rule Re abandonement

Answer 14

Landlord has a duty to mitigate damages

Question 15

Trad/Modern Rule Re abandonement

Answer 15

Both are default rules that can be contracted around

Question 16

Sublease

Answer 16

Transfer less than the entire term of lease; no privity between landlord and subleasee, original lesee retains a reversionary interest in lease

Question 17

Assignment

Answer 17

Transfers entire term of lease

1) creates privity of K between landlord and asignee, who steps in the shoes of the original lessee

Determined by intent of parties not language

Question 18

Majority rule re: sub + assign

Answer 18

landlord in a commercial lease may deny sublease or assignment without stating a commercially reasonable objection

Question 19

Minority rule re: sub +assign

Answer 19

Landlord must state commercially viable reasonable objection