LandLord Tenant

Question 1

LandLords Two Options

Answer 1

1) Sue to evict

2) Impose new periodic tenancy.

Question 2

Periodic Tenancy

Creation

Answer 2

1) By Express Agreement
2) By implication
3) Operation of law

Question 3

NonFreehold

Duties of Tenant

Answer 3

1) Pay Rent
2) Maintain premisses
3) Landlord Remedy
4) Avoid Waste
5) No illegal

Question 4

Tenants duties to Landlord

NV: Landlord Remedies

Answer 4

Acceptance of rent payment is not a waiver:

1) Landlord must clearly and timely express his INTENT to TERMINATE the lease, and
2) TENANT must CONTINUE to POSSESS the leased property- despite landlord’s clare notice to vacate.

Question 5

Landlord Duties

Modern:
Implied Warrant of Habitability

Answer 5

Only applies to residential

• Needs to be REASONABLY suited for residential use.

Remedies:

1) Tenant can move out
2) Tenant can stay and sue for damages
3) Tenant can make repairs and get paid.

Question 6

Landlord Duties

Implied Convenant of Quite Enjoyment

Answer 6

Every lease includes the LL implied promise not to interfere with the tenants quite enjoyment of the lase premises.

Can be breached three ways:

1) Total eviction
2) Partial eviction
3) Constructive eviction

Question 7

Tenancy at Sufferance Holdover Tenant

Answer 7

Tenant wrongfully holds over:

1) Can treat as a new periodic tenant
2) Sue to evict

Question 8

Duties of Landlord

Answer 8

1) Duty to deliver possession of leased premises
2) Warranty of Habitability
3) Implied covenant of quite enjoyment

Common Law: LL had no duty to deliver the leased premises in habitability condition-

Question 9

Implied Covenant of Quiet Enjoyment

Constructive Eviction Requirement

Answer 9

1) Failure to provide SERVICES
2) Substantial INTERFERENCE with QUIET ENJOYMENT
3) Tenant must ABANDON within reasonably time.

Question 10

Property: lease

Condemnation

Answer 10

Partial:

• Pay Rent: Yes
• Award: Yes

Complete

• Pay Rent: No
• Award: Maybe (FMV)

Question 11

Landlord Remedies

Answer 11

1) Tenant fails to pay rent
* LL may sue for Damages and terminate the lease
* However, if LL breaches any duties to the tenant, Tenant can reduce damages

2) Tenant unjustifiably abandon
1) Accept: No further Obligations
2) Reject: Tenant Liable for deficiency

3) Acceptance of rent payment

Question 12

Landlord

Tort Liability Exception

Answer 12

1) latent Defect
2) Short term lease of furnishable dwelling
3) Common passage ways under landlord control
4) Negligent repairing undertaking by landlord
5) Public use

Question 13

Holdover Tenant

Answer 13

Arises when tenant wrongfully holdover and he is possession of property.

• Landlord can sue for eviction, and recover damages, or elect that tenant as a new periodic tenant.

Question 14

Joint Tenancy

Severance Involuntary termination of JT

Answer 14

Whenever any of the four unities is not there

1) Time
2) Title
3) Interest
4) Possession
* Sale, Mortgage, Contract of Sale

Question 15

Landlord Remedies

Failure to pay rent

Answer 15

Modern:

* All states allow the Landlord to sue for damages and to terminate the lease, thereby evict tenant from the property.

Question 16

Periodic Tenancy: Operation of Law

Occurs two ways:

Answer 16

1) Oral lease that violates SOF

2) Holdover tenant