landlord tenant law

Question 1

leasehold:

Answer 1

an estate in land; under which tenant has PRESENT POSSESSORY INTEREST and landlord has FUTURE INTEREST (reversion)

Question 2

the four leasehold estates:

Answer 2

i. tenancy for years
ii. periodic tenancy
iii. tenancy at will
iv. tenancy at sufferance

Question 3

tenancy for years

Answer 3

lease for fixed, determined period of time

Question 4

periodic tenancy

Answer 4

continuous in successive intervals until properly terminated (no end date!)

Question 5

periodic tenancy - creation (express and implied)

Answer 5

express: month to month, year to year, week to week, etc.
implied: lease does not mention duration, but rent is paid at set intervals; OR
oral agreement that violates SoF, but payments are made regularly; OR
tenant stays past expiration but continues to pay rent

Question 6

periodic tenancy - termination

Answer 6

(usually written) notice must be given. notice equal to length of period itself

Question 7

tenancy at will

Answer 7

a tenancy of no fixed period of duration, terminable at landlord or tenant’s will; for example, “to to for as long as L or T desires”

Question 8

tenancy at will - creation

Answer 8

must be created by an express agreement that LEASE CAN BE TERMINATED AT ANY TIME; otherwise, courts treat it as an implied periodic tenancy based on the regular rent payments

Question 9

tenancy at will -
who can terminate? when?

Answer 9

theoretically, by either party at any time; BUT most states now require notice and reasonable time to vacate

Question 10

tenancy at sufferance - when created?

Answer 10

tenant WRONGFULLY holds over, or remain in possession past the lease expiration

Question 11

tenancy at sufferance - termination

Answer 11

SHORT-LIVED; lasts until landlord either:
1. EVICTS the tenant; or
2. elects to hold tenant to new PERIODIC tenancy

Question 12

tenant’s primary duties

Answer 12

1. repair
2. pay rent

Question 13

if lease is silent on tenant’s duty to repair, what is tenant’s obligation?

Answer 13

1. obligation to MAINTAIN premises; and
2. obligation to not COMMIT WASTE

Question 14

what does it mean for a tenant to MAINTAIN a premises?

Answer 14

tenant must make routine repairs other than those attributable to ORDINARY WEAR AND TEAR (which are the landlord’s responsibility)

Question 15

3 types of waste

Answer 15

• voluntary (affirmative) waste
• permissive waste
• ameliorative waste

Question 16

voluntary waste:

Answer 16

results when T’s overt conduct damages the premises

Question 17

permissive waste

Answer 17

T fails to take reasonable steps to protect premises from damage from the elements

Question 18

ameliorative waste

Answer 18

T unilaterally alters the leased property, increasing its value

Question 19

ameliorative waste - rule and modern exception

Answer 19

RULE: T liable for cost of restoration
MODERN EXCEPTION: change acceptable if T is long-term tenant, AND change reflects changes in the neighborhood

Question 20

residential tenant’s covenant to repair

Answer 20

LL usually remains obligated to repair under the nonwaivable “implied warranty of habitability”
EXCEPTION: LL not obligated to repair damages caused by T

Question 21

nonresidential tenant’s covenant to repair

Answer 21

is enforceable; LL may get damages for breach if property not repaired at end of lease term