Landlord-Tenant and Fixtures

Question 1

When a chattel is annexed to realty, it will be a fixture if________.

Answer 1

The annexor’s intention is for it to pass with the realty (be a fixture).
** Objective Intention

4 factors also: DAMN

Question 2

If a tenant at will assigns the tenancy, _____.

Answer 2

the tenancy terminates.

Question 3

L leases property to T. L subsequently assigns L’s interest to L2. T thereafter continues paying rent to L.
If T fails to pay rent to L2, may L2 evict T?

Answer 3

Yes, L2 may evict T for failure to pay rent if T received reasonable evidence of the assignment.

Question 4

A tenant leases premises that are destroyed without the fault of either the landlord or the tenant.

Under the majority view, which is true in the absence of a contrary lease provision?`

Answer 4

Under the majority view, in the absence of a contrary lease provision, if the leased premises are destroyed without the fault of either the landlord or the tenant, the lease may be terminated at the tenant’s option, and the tenant may cease paying rent.`

Question 5

Absent a specific covenant in the lease, a tenant who fails to repair ordinary wear and tear commits ________________.

Answer 5

no waste.

Question 6

Under the growing trend of modern case law, a landlord will be held liable for personal injuries of residential tenants and their guests resulting from the landlord’s __________ negligence.

Answer 6

ordinary

Question 7

If the government condemns __________ of the leased land, the tenant’s liability for rent __________, and the tenant __________ entitled to compensation for the taking

Answer 7

all
is extinguished
may be

Question 8

In most states, the reservation of an annual rent, payable monthly, in a lease with no set termination date creates a __________.

Answer 8

year-to-year periodic tenancy