Landlord/Tenant & Fixtures

Question 1

def of “tenancy for years”

Answer 1

lease to A for fixed period of time. writing required for over 1 yr

Question 2

What happens upon breach of cov in lease?

Answer 2

landlord has right of entry to terminate lease

Question 3

def of periodic tenancy? how created? how terminated?

Answer 3

1. tenancy that continues for successive periods (e.g. month to month) until terminated
2. created expressly, implication, or by op of law (stay after lease expires)
3. terminated upon notice

Question 4

1. def of tenancy at will?

2. how created?

Answer 4

1. terminable by either LL or tenant

2. express agreement

Question 5

What is a tenancy at suffrage? How was it created? How was it terminated?

Answer 5

It arises when attendant wrongfully remains in possession after expiration of a lawful tenancy. It is terminated when the landlord evict the tenant, no notice is required.

Question 6

How does the holdover doctrine work for commercial and residential tenants?

Answer 6

1. For residential tenants, after lawful possession has ended, the landlord may even or bind the tenant to a new periodic tenancy, usually month-to-month.
2. For commercial tenants, it may be year-to-year.

Question 7

Exceptions to the holdover doctrine? 3 of them.

Answer 7

1. Where the tenant is only a few hours late in leaving or forgets a few articles of property, 2. Where the delay is not the tenants fault, or 3. It’s a seasonal lease

Question 8

Are lease covenants independent? What does that mean?

Answer 8

,Yes, they’re independent. The other party can recover damages but must still perform.

Question 9

What is the tenant’s duty of repair (Doctrine of waste)?

Answer 9

A tenant cannot damage (commit waste on) the leased premises. This includes voluntary, permissive, ameliorative waste.

Question 10

Who is liable for repairs to the leased property? Who is responsible, if the tenant covenants to repair (residential versus nonresidential)?

Answer 10

If a residential tenant covenants to repair, the landlord is still obliged to repair due to the nonwaivable quote IMPLIED WARRANTY of HABITABILITY”.
A nonresidential tenant who covenants to repair is responsible for the repairs, though.
Repairs do NOT include structural damage.

Question 11

What are the landlords remedies if a tenant stays on the premises but fails to pay rent? 2 options

Answer 11

1. Event

2. Sue for rent

Question 12

In general, does a landlord have a legal obligation to repair or maintain premises?

Answer 12

No, not generally (besides the implied warranty of habitability).

Question 13

1. What is the implied covenant of quiet enjoyment?

2. What are its 3 versions of breach?

Answer 13

1. Every lease implies that neither the landlord nor a paramount title holder will interfere with the tenants enjoyment and possession.
2. Breaches include: actual eviction, partial eviction (kicked out of a part of the property), constructive eviction (uninhabitable property).

Question 14

If the implied warranty of habitability is broken, what 4 options does the tenant have? ONLY RESIDENTIALLY APPLICABLE, NOT COMMERCIAL

Answer 14

1. Terminate the lease
2. Make repairs and offset the cost against future rent
3. Abate the rent to an amount equal to the fair rental value
4. Remain in possession and sue for damages

Question 15

Absence of express restriction, when may a tenant sublease or assign his lease?

Answer 15

Absent a restriction, it is freely transferable in whole or in part.

Question 16

Who has privity with the landlord in case of assignment? In case of sub lease?

Answer 16

In the case of assignment, the landlord is in privity of estate with the assignee, but still in privity of contract with the original assignnor.
In the case of subleases, the sublessor remains liable for payment.

Question 17

Restrictions on assignment or sublease are construed against?

Answer 17

Construed STRICTLY AGAINST the LANDLORD

Question 18

There are 6 exceptions to the general rule that the landlord has NO DUTY to make the premises safe from tort liability

Answer 18

1. Concealed dangerous conditions (latent defect)
2. Common areas
3. Public use
4. Furnished short-term residences
5. Negligent repairs by landlord
6. If the landlord contracts to repair.

Question 19

Define fixture

Answer 19

Chattel affixed to the land such that it belongs to the Realty

Question 20

Examples of fixtures

Answer 20

Palming, heating ducts, bricks, concrete, etc.

Question 21

Where someone brings chattel as a common owner to land (for example, installing a furnace) when is it a fixture?`

Answer 21

Is a fixture if the OBJECTIVE INTENT of the party who brought the item was to make it part of the realty. The intention is determined by the type of article, the manner of attachment, and the amount of damage that would be cause by its removal.

Question 22

When may a tenant remove a brought in fixture from rented property?

Answer 22

When it would not damage the property it may be removed, but the tenant is responsible for repair. The same applies to life tenants.

Question 23

If you have a mortgage on your land and have a fixture in which you gave someone a security interest interest, who has the priority lien?

Answer 23

The 1st to file has priority, but the fixture filing goes 1st if it’s recorded within 20 days of the chattel being affixed to the land.

Question 24

If consent to assignment is required, and the landlord consents to tenant’s assignment, can landlord later object to the assignee’s further assignment to a 3rd party?

Answer 24

NO! It’s a FULL WAIVER of the consent clause unless landlord expressly reserves that right.