Landlord-Tenant Law

Question 1

Landlord-Tenant Analysis

Answer 1

(1) Lease
(2) Termination
(3) LL Duty to Mitigate
(4) Assignments/Subleases
(5) Fixtures
(6) L and T’s Implied Covenants
(7) Express Covenants = Run with Lease
(8) Waste

Question 2

Leases

Answer 2

(1) Term of Years

(2) Periodic

(3) Holdover

Question 3

Term of Years

Answer 3

Set start and end date

Unjustified failure to pay rent = must pay to the end of the term

Question 4

Periodic

Answer 4

Undefined end date, auto renewal

Only terminated by written notice usually 30 days

Question 5

Holdover

Answer 5

Tenant stays BEYOND term of lease by consent from landlord

30 days notice, oral or written

Question 6

Duty to Mitigate

Answer 6

IF tenant wrongfully terminates or stops paying rent, landlord has duty to reasonably re-let premises.

Question 7

Assignment

Answer 7

Complete transfer of the leased premises for the remining term of the land

Usually can do, unless express restriction

Question 8

Privity of Estate

Answer 8

Assignee stands in shoes of original tenant

Assignee and landlord are liable to other on all covenants that run with the land

Question 9

Privity of Contract

Answer 9

Original Tenant and LL remain in this, T is still liable for rend under covenant to pay rent

Question 10

Subleases

Answer 10

T retains some part of the remaining term of the lease

Question 11

Fixtures

Answer 11

Affixed to the property -> removal would cause substantial damage

T cannot remove

Question 12

Landlord’s Implied Covenants

Answer 12

(1) Deliver Possession

(2) Quiet Enjoyment and Non-Disturbance

(3) Warranty of Habitability

Question 13

Quiet Enjoyment and Non-Disturbance

Answer 13

Breached by Actual or Partial Physical Eviction, OR Constructive Eviction

Question 14

Actual/Partial Eviction

Answer 14

Actual: Deprived of use of entire premises

Partial: Deprived of use of part of premises

Question 15

Constructive Eviction

Answer 15

(1) L BREACHES a duty set out in the lease,

(2) breach SUBSTANTIALLY and MATERIALLY deprives T of use and enjoyment of the premises, and

(3) T gives NOTICE and reasonable opportunity to cure or L refuses to repair.

Question 16

Warranty of Habitability

Answer 16

(1) RESIDENTIAL

(2) property is reasonably suitable for human habitation.

(3) Breach requires that T has given notice and opportunity to cure, or that L refuses to repair.

Question 17

WoH Remedies

Answer 17

(1) move out (vacate?) and terminate lease,

(2) make repairs and deduct expenses from rent,

(3) sue L for damages, or

(4) reduce rent in amount reduced by issue (extremely rare and difficult).

Question 18

Tenant’s Implied Covenants

Answer 18

(1) Pay Rent

(2) Repair Damage

(3) Not to Waste

Question 19

Express Covenants that Run With the Lease

Answer 19

Run with the land IF

(1) Intent (“successors and assigns”) and

(2) Covenant touches and concerns the land - affects value

Question 20

Breach of Express Covenant

Answer 20

Trad:
- Express covenants are independent, except paying rent

Modern:
- Dependent. If material breach, grounds for T to terminate and claim damages.

Question 21

Enforcement of Express Covenant

Answer 21

Specific Performance or Injunction

MUST show:

(1) intent to bind,

(2) notice (for burden to run),

(3) touch and concern.

Question 22

Waste

Answer 22

(1) Voluntary

(2) Permissive

(3) Ameliorative

Question 23

Voluntary Waste

Answer 23

Deliberative destructive acts.

Remedy: Injunction, Damages (either the diminuation in value or cost of repairs)

Question 24

Permissive Waste

Answer 24

Acts of omission or neglect (failure to renew parking easement)

Remedy: damages (either the diminution in value or cost of repairs)