Landlord-Tenant and Fixtures

Question 1

***P0023: If “L leases to T at an annual rate of $6,000, payable at $500 per month” is a month to month periodic tenancy created?

Answer 1

No.

Although a lease at an annual rent, payable monthly creates a periodic tenancy, the majority view is that the tenancy is from year to year rather than month to month.

Question 2

P0023: What is a periodic tenancy?

Answer 2

A periodic tenancy is a tenancy that continues from period to period until terminated by proper notice by either the landlord or the tenant

Question 3

P0023: What three ways are periodic tenancies created?

Answer 3

It may be created in three ways: (i) by express agreement; (ii) by implication if a lease with no set termination date provides for the payment of periodic rent; or (iii) by operation of law if the tenant holds over or pays rent periodically under an invalid lease.

Question 4

P0023: Must a lease be in writing?

Answer 4

If L orally leases to T “for the next few years” and accepts monthly rent payments, the lease is invalid because most states require that a lease creating a tenancy for more than one year be in writing to satisfy the Statute of Frauds However the tenant’s monthly payment of rent converts what would otherwise be a tenancy at will, terminable at the will of either the landlord or the tenant, into a month-to-month periodic tenancy.

Question 5

P0023: What type of lease is “L leases to T from month to month”?

Answer 5

Month-to-month periodic tenancy by express agreement.

Question 6

P0023: What type of lease is “L leases to T at a rent of $500 per month”

Answer 6

A month-to-month periodic tenancy by implication because the lease reserves a monthly rent. .

Question 7

***P0084B: Absent an express agreement, if a tenant has affixed chattels to leased premises, when must she remove them to ensure they do not become the landlord’s property?

Answer 7

If the duration of the tenancy is definite, the tenant must remove annexed chattels before the tenancy terminates.

Question 8

P0084: What is a fixture?

Answer 8

A fixture is a chattel that has been so affixed to the realty that it has ceased being personal property and has become part of the realty.

Question 9

***P0026A: What type of waste results when a tenant intentionally or negligently damages the leased premises?

Answer 9

Voluntary waste.

Also occurs when tenant exploits minerals on a property, unless lease provides tenant may do so.

Question 10

P0026A: What are the three types of waste

Answer 10

1. Voluntary
2. Permissive
3. Ameliorative

Question 11

P0026A: What is permissive waste?

Answer 11

Tenant fails to make ordinary repairs to keep in same condition.

Question 12

P0026A: What is ameliorative waste?

Answer 12

Alterations that substantially increase the value of the property.

Question 13

***X: List all the remedies a landlord has when a tenant defaults on a rent obligation.

Answer 13

1. Sue the tenant for rent
2. Evict the tenant
3. Deduct the unpaid rent from the security deposit.

Question 14

X: Can a landlord seize a tenant’s chattels without notice as security for unpaid rent?

Answer 14

No

Called right of distress

Question 15

***P0022: What is a tenancy for years?

Answer 15

It is a tenancy that continues for a fixed period of time, until it automatically expires WITHOUT landlord or tenant giving notice.
Can be for more or less than a year. Must have a fixed period or termination date.

Question 16

P0022: What is a periodic tenancy?

Answer 16

A tenancy that continues from year to year until terminated by proper notice by either landlord or tenant.
Termination date is uncertain until notice given.

Question 17

P0022: What is tenancy at will?

Answer 17

A tenancy that continues until terminated by landlord or tenant. Must give sufficient notice.

Question 18

P0022: What is tenancy at sufferance?

Answer 18

Arises when a tenant wrongfully remains in possession of the leased premises after the expiration of lawful tenancy.

Question 19

***P0083B: May personal property that is not affixed to land be classified as a fixture?

Answer 19

Yes, if the item is uniquely adapted to the realty.

Question 20

P0083B: What is the doctrine of constructive annexation?

Answer 20

Personal property so uniquely adapted to the land it doesn’t make sense to separate it e.g. keys to door.

Question 21

P0083B: Is the classification as a fixture determined by whether the annexor intends to pass the item with the realty?

Answer 21

No - it depends on the annexors objective intention

Question 22

***P0085: What happens when a trespasser annexes a landowner’s property?

Answer 22

The trespasser loses the annexed chattel to the landowner, and is liable for the reasonable rental value of the land on which she annexed the chattel.

Question 23

***P0031 When must the tenant continue to pay a portion of the rent?

Answer 23

A paramount title holder takes possession of an unused barn on the leased premises and stores farm equipment on it. Every lease contains an implied covenant that neither the landlord nor someone with paramount will interfere with the tenant’s quiet enjoyment and possession of the premises.

Question 24

***P0023B A tenant who goes into possession of the premises under an invalid lease and pays monthly rent is a?

Answer 24

Periodic tenant

Question 25

***XX: Does a covenant against assignment prohibit subleasing?

Answer 25

No. A covenant prohibiting assignment does not prohibit subleasing and vice versa.

Question 26

***P0029A: At common law, if a tenant defaulted on her rent obligation, what can the landlord do?

Answer 26

Sue the tenant for rent.

Question 27

***P0036B: L leases property to T.
L assign’s L’s interest to L2.
T thereafter continues paying rent to L.
May L2 evict T for failure to pay rent?

Answer 27

Yes, if T received reasonable evidence of the assignment.

Question 28

***P0037A: What happens to the tenant’s liability for rent, when the government condemns all of the leased land?

Answer 28

It is extinguished and the tenant may be entitled to compensation for the taking.

Question 29

***P0031A: What is correct about partial actual evasion?

Answer 29

Partial actual eviction by the landlord relieves the tenant of the obligation to pay rent for the entire premises.

Question 30

***P0036: L leases property to T.
L subsequently assigns L’s interest to L2.
Whom may T hold liable when X, a paramount title holder, ejects T?

Answer 30

L or L2

Question 31

***P0024: L leases a residence to T for “as long as T desires.” T most likely has a ___?

Answer 31

Life estate determinable

Question 32

***P0027A: At common law, what happens if the leased premises are destroyed, without the fault of either the landlord or tenant?

Answer 32

The lease remains effective, and the landlord must continue paying rent.

This harsh rule has been modified by statute in most states. Absent a contrary lease provision rent must continue.