Landlord Tenant Approach (Cheat Sheets)

Question 1

How many steps in the approach to landlord tenant questions?

Answer 1

FOUR steps

Question 2

Step 1

Answer 2

Intro sentence:

In order to determine the rights and obligations of the parties, it must first be determined what interest each person has in the property.

Question 3

Step 2

Answer 3

Start with the first TENANT STRING and introduce:

(1) FIRST TENANT’S interest (include landlord’s interest)
(2) tenant DUTIES (rent, purpose, waste, etc). Identify duties as implied and therefore automatically run with the land.
(3) define concepts of assignment and sublease (whichever applies)
(4) SECOND TENANT and how he or she benefits from the assignment or sublease.
(5) SUMMARIZE PRIVITY: privity of contract between first tenant and landlord, and privity of estate between landlord and second tenant.
(6) REMIND READER that the implied covenants above run with the land automatically to the subsequent tenant (duty to pay rent, etc.).

Question 4

What has been established after completing step 2, and what still needs to be established?

Answer 4

After completing step 2, we have only established what the tenant’s duties are. We have not yet established who is owed the duty. That is done in step 3.

Question 5

Step 3

Answer 5

Now move on to the LANDLORD STRING:

(1) Discuss relationship between first and second landlord. Short because assignment has been defined.
(2) Discuss any deeds involved in land transfer and what they mean (quitclaim, general and special warranty)
(3) Summarize privity of estate and contract between existing landlords and tenants.
(4) Analyze whether tenant duties are owed to subsequent LLs and whether LL duties are owed to subsequent tenants.
(5) Conclude who has the duty to pay rent (runs to almost everyone).

Question 6

Step 4

Answer 6

Defenses to payment of rent (if rent is the question):

Any defenses?

(1) Covenant of quiet enjoyment: what type of eviction occurred (constructive, actual, partial)?
(2) Warranty of habitability.
(3) Breach of an express real covenant (see covenants and servitudes cheat sheet flash cards for the appropriate structure)
* Note: do not repeat what has already been addressed. You can just say “see above.”*