Landlord / Tenant

Question 1

Four leasehold for nonfreehold estates

Answer 1

Tenancy fo years

periodic tenancy

tenancy at will

tenancy at sufferance

Question 2

Tenancy for Years

Answer 2

Lease for a fixed period of time

You know the termination date from the start, no notice needed

Could be 2 days or 50 years

SOF: term of years greater than one year must be a in a writing got be enforceable

Question 3

Periodic Tenancy Definition

Answer 3

lease that continues for successive intervals, or until L or T gives notice of termination

Question 4

Creation of Periodic Tenancy

(and two methods by implication)

Answer 4

“to T from month to month”

“To T, with rent payable on the first day of every month”

Oral term of years in violation of SOF: creates an implied periodic tenancy, measured by way rent is tendered

holdover: in residential lease, if L elects to holdover a T who has wrongfully stayed on past expiration of lease, implied periodic tenancy arises by the way rent is tendered

Question 5

Termination of Periodic Tenancy

Answer 5

notice, usually written, must at least be equal to the lenght of the period itself unless otherwise agreed

exception: if tenancy is from yerar to year or more, 6 months notice is requried

must end at conclusion of natural lease

Question 6

Tenancy at will

Answer 6

No fixed duration

payment of regular rent will cause a court to treat this as implied periodic tenancy

termination: by either party at any time, with reasaonable demand to vacate (in NY: 30 days)

Question 7

Tenancy at sufferance

Answer 7

when T has wrongfully held over

lasts until either L evicts T, or L holds T to a new tenancy

New York: L’s acceptance of rent will create implied periodic tenancy, unless otherwise agreed

Question 8

Hold Over Doctrine

Answer 8

Landlord may:

1. evict
2. bind him to a new periodic tenancy

commerical - usually year to year

residential - usually month to month

exceptions where L cant bind T to new lease:

1. T is in possessino for only a few extra hours
2. delay is not T’s fault (illness)
3. seasonal lease

Question 9

Tenant’s Duties to Third Parties

Answer 9

T must keep property in good repair

T is liable for injuries sustained by TP that was invited in, even if L prmoised to make all repairs (T may seek indemnification from L)

Question 10

Tenant’s Duties to Repair

Answer 10

T must maintain premises and make ordinary repairs

T must not commit waste (voluntary, permissive or ameliorative)

Question 11

Destruction of Premises without fault

Answer 11

Neither party has a duty to restore premises (unless expressly covenatned in the lease)

T still has a duty to pay rent - but may end lease, even in face of express covenant to repair

historicaly: T always had to repair

New York: T may quit permises and surrender without any further duety to pay rent - unless there is a covenant to repair

Question 12

Duty to Pay Rent

Answer 12

Most states say if leasehold terminates before time originally agreed, T must pay proportionate amount

Question 13

Landlord Remedies for failure to pay rent

Answer 13

Evict or Sue for rent

L must NOT engage in self help - in NY this entitles T to treble damages

Question 14

Landlord Remedies for an abandoning tenant

Answer 14

L has duty to mitigate damages be seeking to relet premises.

T’s liability depends on wehther the L has accepted the surrender or not. if not: Ti s liable for the difference between promised rent and FRV. if surrender is found, T is free from rent liability accruing after abandonmnet

If unexpired term is greater than one year - T’s surrender must be in writing to meet the SOF (this is sent by L and doesnt have to reach T)

minority: hold T responsible for unpaid rent, as if T were still there

New York: does not require mitigation

Question 15

Landlord Duties

Answer 15

Duty to Deliver Possession

Implied Covenant of quiet enjoument

implied warranty of habitability

Question 16

Duty to Deliver Possession

Answer 16

majority: physical possession
minority: legal possession

Question 17

Prohibiting Assignment/Sublet

Answer 17

can be done in lease

once consent to one transfer by T is granted, L waives the right to object to future transfers by that T, unless expressly reserves the right

New York:

• T may not assign without L’s consent
• L can unreasonably withold consent to assignment (T’s sole remedy is to seek release).
• In a building with 4 or more unites, T has the right to sublet subject to written consent of L. Unreasonably withheld consent is deemed consent.

Question 18

Implied Warranty of Habitability

and T’s options upon breach

Answer 18

residential only, nonwaivable

premises must be fit for human dwelling

T may:

1. temriante lease
2. make repairs an offset cost in rent
3. abate rent (and put money in escrow to show good faith)
4. remain, pay rent, sue for damages

Question 19

Implied Covenant of Quiet Enjoyment

Answer 19

neither L nor paramount title holder will interfere with T’s quiet enjoyment and possession

commerical and resdiential

breached by:

actual eviction

partial eviction (relieves T of obligatoin to pay rent for entire premises if by L)

Constructive eviction (Substantial interference, T must notify L and L must fail to respond. T must vacate within reasonable time)

Question 20

Assignment

Answer 20

L’s consent may be required

A1 and L and in privity of estate

A1 and L are not in privity of contract (T and L are in privity of contract)

A1 is liabel to L on all covenants that run with the land.

T is liable for rent and all other covenants

Question 21

Sublease

Answer 21

L consent may be required

S1 and L are not in privity of estate (T is in privity of estate with L)

S1 and L are not in privity of contract (T is in privity of contract with L)

S1 is not personally liable on any covenants in the original lease and cannot enforce L’s covenants

T is liable for rent and all other covenatns in the lease, and can enforce L’s covenants

Question 22

Landlord’s Tort Liability/Caveat Lessee/Exceptions

Answer 22

Common Law: L had no duty to make premises safe.

Today: Exceptions:

1. Comon area
2. Latent defects rule (duty to warn, not repair)
3. Assumption of repairs (must be done reasonably)
4. Public Use Rule
5. Short term lease of furnished dwellings

Question 23

Law of Fixtures

Answer 23

Fixtures pass with ownership of the land

Removing is voluntary waste, because it objectively shows the intent to permanently improve the propertyIf removal causes substantial damage

Ie: heating system, furnace, storm windows, lighting

Qualifies when: express agreement, but without agreement T may remove a chattel she installed if it does not cause substantial harm to the premises.