Landlord Tenant Law

Question 1

Assignment of a lease

Answer 1

When a tenant makes a complete transfer of the entire remaining term of his leasehold interest, it constitutes an assignment.

Question 2

Effect of an assignment

Answer 2

The assignee and the landlord are in privity of estate, and each is liable to the other on all covenants in the lease that run with the land

Question 3

Hold-over tenants - generally

Answer 3

When a tenant continues in possession after the termination of her right to possession, the landlord has two choices of action: he may treat the hold-over tenant as a trespasser and evict her under an unlawful detainer statute, or he may, in his sole discretion, bind the tenant to a new periodic tenancy, in which case the terms and conditions of the expired tenancy apply to the new tenancy. Unless a residential lease is involved, a year-to-year tenancy results from holding over if the original lease term was for a year or more. The new tenancy has the same terms as the original tenancy unless the landlord notified the tenant before termination of the original tenancy that occupancy after termination will be at an increased rent.

Question 4

Constructive Eviction and the covenant of quiet enjoyment

Answer 4

The covenant of quiet enjoyment provides that neither the landlord nor someone with paramount title will interfere with the tenant’s quiet enjoyment and possession of the premises. A landlord can breach the covenant of quiet enjoyment through constructive eviction. If a landlord does an act or fails to provide some service that she has a legal duty to provide, thereby making the property uninhabitable, the tenant may terminate the lease and seek damages. The tenant can claim constructive eviction only if:
1. the landlord - or someone acting for the landlord - caused the injury,
2. the breach substantially and materially deprived the tenant of her use and enjoyment of the premises,
3. the tenant gave the landlord notice and a reasonable time to repair, and
4. the tenant then vacated the property within a reasonable time.
A landlord has no common law duty to repair or maintain the premises. A duty to repair or maintain may be provided for in the lease or required by statute or by the implied warranty of habitability. The warranty of habitability generally is implied only in residential tenancies.

Question 5

Landlord acceptance of surrender of tenancy for years

Answer 5

A tenancy for years continues for the agreed term, ending automatically on its termination date. If a tenant unjustifiably abandons the property, the landlord may do nothing, or she may repossess. If the landlord repossesses and/or relets the premises, the tenant’s liability will depend on whether the landlord has accepted a surrender of the premises. A surrender must be in writing if the unexpired term is more than one year. If surrender is not found, the tenant remains liable for the difference between the promised rent and the fair rental value of the property. If surrender is found, the abandoning tenant is free from any rent liability accruing after abandonment.

Question 6

Damages after tenant’s wrongful abandonment

Answer 6

Following a tenant’s wrongful abandonment, a landlord traditionally could let the premises lie idle and collect the rent from the abandoning tenant, unless the tenant tendered an acceptable substituting tenant. The majority view requires the landlord to make reasonable efforts to mitigate her damages by reletting to a new tenant. If the landlord could have mitigated but does not attempt to do so, her recovery against the tenant will be reduced accordingly.

Question 7

Covenant to convey

Answer 7

A covenant to convey touches and concerns both the leasehold and reversion, and therefore runs with those respective interests in the land.