Landlord Tenant

Question 1

Lease

Answer 1

a entails the transfer of the right to possess and use property for a period of time in return for compensation, usually at regular intervals. The tenant has the right to possess the property for a time and LL has the right to take possession back when the leasehold ends

Question 2

Term Tenancy

Answer 2

A LL grants possession of an asset to a tenant for a specific period of time. No special action needs to be taken to end tenancy.

1. The lease must be in writing if over a year although some states like NJ require a writing for three years
2. Neither party has to give notice because the lease will automatically terminate at the end of the term.

Question 3

Periodic tenancy

Answer 3

Parties agree to transfer a continuous possessory interest for a recurring term. Lease renews itself unless one party takes action

E.G. if a term tenancy expires and the tenant continues to pay rent and the landlord continues to accept payment then periodic tenancy arises

Notice: must be given one rental period in advance or six months in advance for a year to year tenancy

Question 4

Tenancy at will

Answer 4

A possessory interest that is terminable at the will of either the transferor or the transfer

Common law does not require notice to terminate but NJ terminable only upon notice

Question 5

Tenet at Sufference

Answer 5

A tenant who has a legitimate possessory interest but wrongfully continued in possession upon the termination of the interest (looks like a trespass)

Question 6

Tenets Duties

Answer 6

1. tenant is responsible for keeping the premises in reasonably good repair
2. tenant must not commit waste
3. duty to pay tent

Question 7

T stops paying rent and still in possession of the premises. LL options:

Answer 7

1. evict and sue for rent
2. continue relationship with tenant and sue for rent owed
3. LL must not engage in self help.

Question 8

Summary disposition

Answer 8

Eviction statute where a person is given summary disposition of any lessee or tenant for a part of a year. A tenant who stays past the end of a lease, fails to pay rent or disturbs the peace and quiet is in violation.

History: no excuses for tenants. Court would approve ejectment if tenant did not show up with the rent

Question 9

Palza Road Co-Op

Answer 9

The owner-occupant agreement between the parties cannot confer jurisdiction upon the court to hear a summary disposition if a landlord-tenant relationship exists between the parties.

Rule: Relationship between the co-op and tenant shareholder is not one of the landlord-tenant, and therefore court had no jurisdiction to hear summary dispossession action brought under NJ statute

Question 10

Modern Eviction Reforms

Answer 10

T has the right to possession and quiet enjoyment.

1. LL is obligated to deliver legal right to possess the premises to the T at the commencement of the lease term
2. Right to quiet enjoyment: right to peace & quiet, basic services provided implied in the lease
   - LL cannot interferes with T’s use of the premises or aid someone else in doing so.

Question 11

Actual eviction:

Answer 11

If T’s possession of all or part of the premises is literally taken away from him, T may refuse to pay rent and consider the lease terminated

Question 12

Constructive eviction

Answer 12

T’s use or enjoyment is impaired because the property is impaired. Majority rule is that T is not entitled to stop paying rent unless he abandons premises. T can sue for damages

Question 13

Reste Realty

Answer 13

D leased commercial space and it would leak when it rained to the point where space became unusable by D. Resigned the lease on the understanding that P would fix the leak

Rule: T is entitled to make repairs and offset the cost of repair against the rent- MUST CONTINUE TO PAY RENT- if he notified the LL of the problem and provided LL an opportunity to repair

Question 14

Ireland

Answer 14

Ireland sued to recover rent. D argued that P did not make repairs and was in breach of covenant to repair.

Rule: In residential leases, a LL impliedly covenants to make any repairs necessary to make the premises habitable such that the LL’s breach entitles the T to offset cost of repair against rent

Question 15

Academy Spires

Answer 15

LL sought to evict T because T withheld rent for 3 months for failure to provide heat and hot water

Rule: Failure to provide basic necessities such as heat and hot water is a breach of implied warranty of habitability. Court can diminution in rent that is fair to the amount in relation to the breach of the covenant of habitability.

Question 16

Exam considerations

Answer 16

Look to see if LL breached a local housing code. If there is none, then determine whether the conditions are reasonably suitable for human habitation. Consider the housing shortages and public policies favoring adequate housing, which gradually eroded caveat emptor

Question 17

Altz

Answer 17

Injured when ceiling fell. Court determined LL had a duty to make repairs because T was poor and could not afford to do so.

Question 18

Kucher

Answer 18

D was asked to sign loyalty agreement. Since it was public housing, it was state action and so it was a violation of the 14th Amendment out of their authority to inquire about T’s affiliations.

Question 19

Notice to Quit

Answer 19

Required to remove holdover tenant. Terminates tenancy. The notice must be given on the precise anniversary date after receipt of the notice.

Modified Rule: to increase the rent of a month to month T, the LL must serve notice to quit terminating the old lease, and another notice offering a new tenancy at an increased rate. Absent notice to quit, an attempt to increase the rent is ineffective and the tenancy will continue at the old rate

Question 20

Harrys Village

Answer 20

LL made improvements to trailer park and increased rent without giving notice.

Rule: LL must give valid notice to quit terminating old tenancy and give another notice offering new tenancy at increased rent in order for rent increase to become effective. Notice must terminate lease on an anniversary date/ give at least 1 months notice

Question 21

Housing Authority v. Mims

Answer 21

If motive for eviction is mixed (her violations of servitudes were ignored for years until she complained to federal officials), retaliation must only be a contributing factor to bar eviction, if it looks like the main reason then cannot be evicted.

Question 22

Shell v. Marinell

Answer 22

Shell dealer entered into a one year lease on a service station and this lease was regularly renewed In writing for fixed terms and was subject to termination by D (90 days) and P (30 days) with notice. P gave 10 days notice.

Against public policy. There is a requirement that the lease dealer. agreement should be implied to mean that the franchisor does not have unilateral right to terminate a lease without showing good cause= grossly disproportionate bargaining power