Landlord/Tenant Issues

Question 1

Tenancy for Years

Answer 1

lasts for a fixed period of time; automatically terminated after the period ends

Question 2

Periodic Tenancy

Answer 2

lasts for initial period, then AUTOMATICALLY CONTINUES FOR ADDITIONAL EQUAL PERIODS

Created= by express agreement, implication if rent is paid at specific periods, or law

Termination= written notice at least a full period in advance (if yearly, 6 months notice is required)

Question 3

Tenancy at Will

Answer 3

continues until either party terminated it; usually created by express agreement

Terminated= notice + reasonable time to quit the premises

Question 4

Tenant’s Duty to Pay Rent

Answer 4

runs with the land

no rent?= landlord can evict or allow tenant to remain on the property and sue for damages

abandonment= landlord may have to take reasonable steps to mitigate losses

Question 5

Hold over Tenant

Answer 5

tenant remains in possession after the lease ends, landlord may initiate eviction proceedings or hold the tenant over= turns into implied month to month created with identical terms to original lease; if tenant informed of higher rent before end of lease, higher rent applies

Question 6

Implied Warranty of Habitability (residential leases)

Answer 6

landlord MUST provide a place to live that is reasonably suitable for human needs

Breach of warranty= tenant can move out and terminate the lease,; withhold or reduce the rent

Question 7

Constructive Eviction

Answer 7

1. landlord breached a duty to tenant
2. breach caused a loss of the substantial use and enjoyment of the premises
3. tenant gave landlord notice of the condition
4. landlord failed to remedy the condition within a reasonable time; and
5. tenant vacated premises

Question 8

Assignment

Answer 8

when tenant transfers ALL of their remaining lease interest to a third party

lease may be freely assigned unless the lease states otherwise

assignment cannot be for a longer period than the remaining lease term

Question 9

Assignment Liability for Rent/Breach

Answer 9

Assignee= liable to landlord for rent and all other covenants that run with the land

Assignor= also remains liable for rent

Question 10

Sublease

Answer 10

when a tenant transfers ONLY SOME of his remaining lease interest

not liable to landlord for rent or other covenants

original tenant remains liable to landlord for rent