Landlord/Tenant Law

Question 1

What are the 4 Leasehold and Nonfreehold Estates?

Answer 1

1. The Tenancy for Years
2. The Periodic Tenancy
3. The Tenancy at Will
4. The Tenancy at Sufferance

Question 2

What is the tenancy for years?

Answer 2

For a fixed period of time - that period could be two months, 50 years, does not mean it has to endure for years (the time of the tenancy is fixed); when you know the termination date you have a tenancy for years; Any tenancy for years that is longer than one year must be in writing to comply with the SOF

Question 3

How much notice is needed to terminate a tenancy for years?

Answer 3

The lease states when it terminates (that is how you know you have a tenancy for years)

Question 4

1. What is the periodic tenancy?

Answer 4

1. This is a tenancy that continues for successive intervals; Until L or T give proper notice to terminate
2. The periodic tenancy can be created expressly. For example, L conveys To T from month to month or year to year or week to week; The periodic tenancy can also arise by implication, in any one of three ways:

Question 5

What are the two ways in which a periodic tenancy can be conveyed?

Answer 5

1. Expressly - For example, L conveys To T from month to month or year to year or week to week
2. Impliedly

Question 6

What are the 3 ways that a periodic tenancy may be conveyed impliedly?

Answer 6

1. Land is leased with no mention of duration, but provision is made for the payment of rent at set intervals
2. An oral term of years in violation of the Statute of Frauds creates an implied periodic tenancy measured by the way rent is tendered
   i. EXAMPLE L and T negotiate on the telephone for a commercial lease. They orally agree on a five-year
   lease with rent at $1,000 a month, this is not a lease of years violates the SOF and so it defaults to a periodic tenancy
3. The holdover: In a residential lease, if L elects to hold over a T who has wrongfully stayed on past the conclusion of the original lease an implied periodic tenancy arises, measured by the way rent is now tendered

Question 7

How may you terminate a periodic tenancy?

Answer 7

1. Generally you must terminate giving notice in writing
2. The notice must be given in a time at least equal to the length of the period itself, unless otherwise agreed (i.e. for a monthly period, a months notice should be given), the tenancy should end in a natural cycle
   i. EXCEPTION: here the exception is a year periodic
3. Note: By private agreement, the parties may lengthen or shorten these common-law prescribed notice provisions

Question 8

What is a tenancy at will?

Answer 8

A tenancy for no fixed duration (e.g. “To T for as long as L or T desires.”) HOWEVER: If the parties expressly agree to a tenancy at will, the payment of regular rent will cause a court to treat this as an implied periodic tenancy

Question 9

How may a tenancy at will be terminated?

Answer 9

By either party at any time, BUT a reasonable demand to vacate is usually needed

Question 10

What is the tenancy at sufferance (4th)?

Answer 10

It is created when T has wrongfully held over, past the expiration of the lease. We give this wrongdoer a leasehold estate (the tenancy at sufferance), to permit L to recover rent. The tenancy at sufferance lasts only until L either evicts T or decided to hold T to a new tenancy.

• Commercial tenants may be held to a new year to year tenancy if the original lease was for a year or more, residential tenants are generally held to a month to month tenancy
• *Watch for situations where the tenant only holds over for a few hours, or leaves behind some property, or the delay is not the tenants fault, or it is a seasonal lease, in these cases the landlord may not hold the tenant over

Question 11

What are the tenants duties?

Answer 11

1. T’s liability to 3rd parties (tort) - T is responsible for keeping the premises in good repair and is liable for the torts of invitees, even where Landlord has promised to make all repairs
2. T’s duty to repair - T must maintain the premises and make ordinary repairs; T must not commit waste; T must not remove fixtures
3. T’s duty to pay rent

Question 12

How do you determine if a chattel or an installation has become a fixture that a tenant may not remove?

Answer 12

1. Express agreement: Any agreement on point is binding, freedom of K
2. In the absence of agreement, T may remove a chattel that she has installed so long as removal does not cause substantial harm to the premise (if removal will cause substantial harm to the premise than T has shown that the chattel or installation is a fixture

Question 13

How may a L enforce T’s duty to pay rent if T has not paid rent (breaches) and is still in possession of the premises?

Answer 13

The landlord may:
1. Evict though the courts, or;
2. Continue relationship and sue for rent damages
L must not engage in self help, i.e. change the locks, forcibly remove, remove possessions, etc.

Question 14

What is T vacates the premises early, before the lease is up, what available remedies does L have?

Answer 14

SIR

1. Surrender - L could treat T’s abandonment as a surrender an implicit offer of surrender, which L accepts (Surrender must be in writing to satsify the SOF if greater than a year)
2. Ignore the abandonment and hold T responsible for the unpaid rent, just as if T were still there (this option is available only in a minority of states)
3. Re-let the premises on the wrongdoer tenant’s behalf, and hold him or her liable for any deficiency (must make a good faith effort, mitigate) Majority of states

Question 15

What are L’s duties?

Answer 15

1. Duty to deliver possession
2. Implied Covenant of quiet enjoyment
3. Warranty of habitability
4. No retaliatory eviction

Question 16

What is L’s duty to deliver possession?

Answer 16

The majority rule (English Rule) requires that L put T physical possession of the premises. Thus, if at the start of T’s lease a prior holdover T is still in possession, L has breached and the new T gets damages

Question 17

What is L’s duty to Implied Covenant of quiet enjoyment?

Answer 17

Applies to both residential and commercial leases, T has a right to quiet use and enjoyment of the premises without interference from L

Question 18

How may L breach the Implied Covenant of quiet enjoyment?

Answer 18

1. Breach by actual wrongful eviction

2. Breach by constructive eviction

Question 19

What is a breach by actual wrongful conviction?

Answer 19

This occurs when L wrongfully evicts T or excludes tenant

Question 20

What is a breach by constructive eviction?

Answer 20

SING (3 Elements)

1. Interference - Due to L’s actions or failures, could be a chronic problem, does not have to be permanent
2. Notice - T must give L notice of the problem, and L must fail to act meaningfully
3. Goodbye - T must vacate within a reasonable time after L fails to fix the problem

Question 21

Is landlord liable for acts of other tenants?

Answer 21

GR: No
EXCEPTIONS:
1. L must not permit a nuisance on sight
2. L must control common areas

Question 22

What is the warranty of habitability?

Answer 22

The premises must be fit for basic human habitation - Not a high standard, bare living reqs must be met, does not mean luxury, bare bones (applies only to residential leases)
-Standard set by case law or the local housing code

Question 23

What are T’s entitlements (or entitled to do) when the warranty of habitability is breached?

Answer 23

MR3 (4 Elements)

1. Move out and end the lease (but you do not have to)
2. Repair and deduct - Allowable by statute in a growing number of jurisdictions. T may make the reasonable repairs and deduct their cost from future rent
3. Reduce rent - Rr withhold all rent until the court determines fair rental value. Typically, T must place withheld rent escrow to show good faith
4. Remain in possession and pay rent affirmatively to seek money damages

Question 24

What is an assignment?

Answer 24

In the absence of some prohibition in the lease, a T may freely transfer his or her interest in whole (thereby accomplishing an assignment)
-T1 always maintains privity of K along with the other assignee

Question 25

What is a sub-lease?

Answer 25

In the absence of some prohibition in the lease, a T may freely transfer his or her interest in part (thereby accomplishing a sub-lease) - T1 always maintains privity with L and that never goes to sublessee

Question 26

What are the landlords tort liabilities?

Answer 26

CLAPS (5 Elements)

1. Common Areas - L must maintain common areas, i.e. stairways, hallways, etc., even in tort
2. Latent defects rule - Warn T of hidden defects knows about or should know about, Simply a duty to warn and not repair
3. Assumption of repairs - L who voluntarily makes repairs must complete them with reasonable care - If Negligently, and T gets hurt with proximate cause L is liable
4. Public use Rule - L who leases public space (such as a museum or convention hall ), and who should know, because of the nature of the defect and the length of the lease that T will not repair, is liable for any defects on the premises
5. Short term lease of a furnished dwelling - L is liable for any defective condition on site - Short term lease, few days to a few weeks (This is what the examiners will ask)