Landlord-Tenant Law

Question 1

Leasehold Estates

Answer 1

(1) FIXED TERM: ends automatically, no notice necessary
(2) PERIODIC: 1 party MUST give notice to end
- renews itself for a given period until notice is given
- beginning date is certain, end date unknown
(3) AT-WILL: no definite term, either party can terminate, no regular payments

Question 2

Termination of Periodic Estates

Answer 2

• will continue until proper notice if given
• NOTICE:
  (1) given 1 FULL period in advance of termination date; and (2) termination is at the end of a regular lease period

Question 3

LL Liability for PI

Answer 3

-Caveat Emptor: LL not liable for PI
-6 Exceptions: C-CLAPS
(1) COMMON AREA DEFECTS: area not rented to 1 person
must be maintained by LL;
(2) COVENANT TO REPAIR: lease says “LL will maintain”;
(3) LATENT DEFECTS: LL liable only if he knows or has
reason to know of defect (duty to inspect)
(4) ASSUMPTION OF REPAIRS: LL voluntarily attempts to
repair - must do so reasonably
(5) PUBLIC USE: LL leases public space & should know bc
nature of defect that T wont repair
(6) SHORT TERM lease for FURBISHED RESIDENTIAL TENANCY: furnished vacation home

• NEGLIGENCE:
  (1) LL must know or have reason to know of problem
  (2) LL must use reasonably care if he/she attempts to repair
  (3) LL has a duty to maintain whatever he/she represent to T
  (4) Negligence Per Se: LL breach of a statutory duty

Question 4

Tenant Liablity

Answer 4

-T always liable to 3rd Ps
-KS Uniform Residential LL/T Act:
(1) no waiver of any statute rights or remedies
(2) no confessions of judgment
(3) no agreements to pay atty fees
(4) no exculpatory or indemnity clauses
(5) Cts can refuse enforcement of any lease provision
found to be unconscionable

Question 5

Implied Covenant of QUIET ENJOYMENT and CONSTRUCTIVE EVICTION

Answer 5

• EVERY lease of EVERY type deemed to contain covenant
• BREACHED:
  (1) direct interference w/ T’s possession
  (2) LL lacks good title & T evicted by true owner
  (3) LL denied possession to T = “Partial Actual Eviction”
  (4) constructive eviction
  (a) conditions equivalent to eviction
  (b) conditions result from LL’s act or omission
  (c) T must move out

Question 6

Implied Warranty of HABITABILITY

Answer 6

breached by a material violation of the local housing code; when it is NOT FIT FOR HUMAN HABITABILITY

• Residential only
• cannot be waived
• Remedies avail. to T:
  (1) term. lease & move out
  (2) abatement of the rent
  (3) sue for damages for the breach of warranty
  (4) Repair & deduct form next month’s rent

**T must give LL notice & reas. time to cure

Question 7

Termination of Leases

Answer 7

(1) RELEASE: T purchases LL’s interest
(2) SURRENDER: T conveys leasehold to LL
(3) ABANDONMENT: when the T vacates the premises & ceases to pay rent
(4) OPTION TO TERM. IF LAND DESTROYED: LL has no obligation to rebuild

Question 8

Holdover Tenants/Tenants at Sufferance

Answer 8

If T does not move out when lease expires.. LL can:
(1) treat T’s rts as expired & bring action to throw out
OR (2) treat T as periodic T, w/a period based on the old
lease’s terms

Question 9

Tenancy at Will

Answer 9

• Either P can terminate at any time (KS - need 30 days)
• Termination:
  (1) Death of either P
  (2) Waste by T
  (3) Assignment by T
  (4) Transfer of title by LL
  (5) Lease by LL to someone else

Question 10

Assignment v. Subleases

Answer 10

• Assignment: transfers ENTIRE leasehold interest
  
  • LL has rts against original T & assignee
• Sublease: T transfers only a portion of his/her interest
  
  • LL only has right against the original T