Landlord & Tenant; Fixtures

Question 1

Types of “Waste”

Answer 1

Voluntary, Permissive, Ameliorative

Question 2

Voluntary Waste results when

Answer 2

a tenant negligently or intentionally damages a leased premises.

Question 3

Permissive Waste results when

Answer 3

a tenant fails to make ordinary repairs to keep the leased premises in the same condition as at the commencement of the lease term, excluding ordinary wear and tear

Question 4

Ameliorative waste results when

Answer 4

a tenant makes substantial alterations to the leased premises that increase the value of the property

Question 5

A Periodic Tenancy is

Answer 5

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

Question 6

A Periodic Tenancy may be created by

Answer 6

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 7

At common law, if the leased premises are destroyed without the landlord’s or tenant’s fault then

Answer 7

the lease remains viable and the tenant must continue paying rent.

Question 8

T/F: Generally, a landlord has no duty to make the premises safe.

Answer 8

True.

Question 9

The Rule in Dumpor’s Case provides that

Answer 9

if a landlord consents to one transfer that would otherwise violate a covenant against assignment or sublease, he waives his right to assert that future transfers breach the lease.

Question 10

If the government condemns all of the leased land, the tenant’s liability for rent…

Answer 10

is extinguished, and the tenant MAY BE entitled to compensation for the taking, absent a lease provision to the contrary