Landlord-Tenant Law

Question 1

The four different estates (tenancies) are:

Answer 1

1. Tenancy for Years/Fixed Term
2. Periodic Tenancy
3. Tenancy at Will
4. Tenancy at Sufferance

Question 2

Tenancy for years (fixed term) termination/renewal:

Answer 2

Termination occurs automatically upon expiration of term; no notice is required. Any right to renew the agreement must be explicitly stated in the lease.

Question 3

Periodic tenancy termination/renewal:

Answer 3

Automatically renews at the end of each period until one party gives a valid termination notice. Notice of termination must be given before the beginning of the intended last period of the periodic tenancy; at least equal to the length of the period or interval itself unless otherwise agreed.

Question 4

Tenancy at will creation/termination:

Answer 4

Unless this tenancy is expressly created, the payment of rent by the tenant converts a tenancy at will into a periodic tenancy. Can be terminated by either party w/o advance notice, but tenant has to give reasonable time in which to vacate the premises.

Question 5

Tenancy at sufferance creation/terms:

Answer 5

Tenant is bound by the terms of the lease that existed before expiration, including payment of rent. Created by the actions of the tenant alone.

Question 6

Right to Possession:

Answer 6

A lease under the Statute of Frauds is voidable until tenant takes possession and landlord accepts rent from the tenant. The English/majority rule is that a tenant is relieved of the obligation to pay rent if landlord fails to deliver actual possession of the leasehold premises (must get all previous tenants out).

Question 7

Covenant of Quiet Enjoyment:

Answer 7

Landlord has duty to take action against a tenant’s nuisance-like behavior and to control the common areas. But landlord has no duty to evict 3rd party trespassers/other tenants; they only have a duty to protect from disturbances the landlord causes.

Question 8

Actual Eviction:

Answer 8

When a landlord removes the tenant from the premises the total eviction terminates the lease and ends the tenant’s obligation to pay rent (tenant can sue landlord).

Question 9

Partial Eviction:

Answer 9

If the tenant is prevented from possessing or using a portion of the leased premises, the tenant may seek relief for a partial actual eviction; the tenant is completely excused from paying rent for the entire premises.

Question 10

Constructive Eviction:

Answer 10

When a landlord substantially interferes with the tenant’s use and enjoyment of the leasehold (e.g. fails to provide heat or water), the tenant’s obligation to pay rent is excused due to constructive eviction only if the tenant gives notice an vacates the property within a reasonable amount of time.

Question 11

Duty/Express Covenant to Repair:

Answer 11

Landlord had duty to repair under a residential lease, even when the lease attempts to place the burden on the tenant, except for damages caused by the tenant. The contract can place the duty to repair on the tenant of a commercial lease.
Absent an express contrary provision in the lease, a landlord is not required to rebuild the leased premises if it is substantially destroyed by a fire.

Question 12

Waste:

Answer 12

A tenant is required to make such ordinary repairs as are necessary to prevent waste and gradual decay of the premises and must maintain the premises in reasonably good repair. A tenant may make temporary changes if they are consistent and proper for the tenant’s use. However, material changes constitute waste, even if they enhance the value of the premises.

Question 13

If landlord breaches warranty of habitability, tenant has four remedies:

Answer 13

1. Move Out & Terminate
2. Repair and Deduct
3. Reduce Rent
4. Remain & Sue for Damages

Question 14

Terminations:

Answer 14

Holdover tenant, summary eviction, retaliatory eviction, illegal activity, surrender