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Real Property > Landlord/Tenant Law > Flashcards

Landlord/Tenant Law Flashcards

1
Q

What are the four leasehold estates?

A

(1) Tenancy for Years (a.k.a. Term of Years)
(2) Periodic Tenancy
(3) Tenancy at Will
(4) Tenancy at Sufferance

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2
Q

What is a tenancy for years?

A

A lease for a fixed period of time (can be 1 day or 50 years, etc.)

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3
Q

How much notice is needed to terminate a term of years? Why?

A

None, because you know the termination date from the start

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4
Q

When must a term of years lease be in writing to satisfy the Statute of Frauds?

A

when the term is greater than one year

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5
Q

What is a periodic tenancy?

A

a lease which continues for successive intervals until L or T give proper notice to terminate

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6
Q

In what 3 ways can a periodic tenancy created by implication?

A

(1) When land is leased with no mention of duration, but provision is made for rent payment at set intervals
(2) When an oral term of years violates the Statute of Frauds (period is measured by the way rent is tendered)
(3) In a residential lease, when L elects to hold over a T who has wrongfully stayed past the conclusion of the original lease (period is measured by the way rent is now tendered)

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7
Q

How does one terminate a periodic tenancy?

A

by providing notice, usually written, at least equal to the period itself, unless otherwise agreed

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8
Q

If a periodic tenancy is year-to-year or greater, how much notice is required to terminate the tenancy?

A

6 months

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9
Q

When is the only time that a periodic tenancy can end?

A

at the conclusion of a natural lease period

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10
Q

What is a tenancy at will?

A

a tenancy for no fixed duration

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11
Q

If the parties do not expressly agree to a tenancy at will, how will a court treat regular payment of rent?

A

as an implied periodic tenancy

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12
Q

When may a tenancy at will be terminated? Who may terminate it? What is usually needed to do so?

A

It may be terminated…
• by either party
• at any time
• a reasonable demand to vacate (quit) is usually needed

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13
Q

How is a tenancy at sufferance created?

A

When T has wrongfully held over past the expiration of the lease

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14
Q

What does a tenancy at sufferance permit L to do?

A

collect rent

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15
Q

How does the tenancy at sufferance end?

A

L either evicts T or elects to hold T to a new tenancy

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16
Q

What duties does a tenant owe?

A

(1) liability to third parties
(2) duty to repair
(3) duty to pay rent

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17
Q

What is a tenant’s duty to 3rd parties?

A

duty to keep the premises in reasonably good repair

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18
Q

What injuries that occur on the premises is T liable for?

A

injuries sustained by 3rd parties T invited, even if L expressly promised to make all repairs

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19
Q

What is a tenant’s duty to repair when the lease is silent on the issue?

A

T must maintain premises and make ordinary repairs

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20
Q

Is a tenant liable for waste on landlord’s property?

A

yes

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21
Q

What property doctrine governs a tenant’s removal of fixtures?

A

waste

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22
Q

When does a chattel become a fixture?

A

When its annexation to the realty objectively shows the intent to permanently improve the realty.

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23
Q

May a tenant remove a fixture that he has installed?

A

no

24
Q

What is the rule regarding fixtures and land ownership?

A

Fixtures pass with ownership of the land

25
Q

What is the effect of an agreement between L & T over whether a tenant installation is a fixture?

A

It is binding

26
Q

Absent an agreement, when may a tenant remove a chattel that he has installed?

A

When removal does not cause substantial harm to the premises

27
Q

If removal of an installed chattel will cause substantial damage, what has the tenant objectively shown?

A

The intent to install a fixture; the fixture stays put

28
Q

What is the difference between the tenant’s common law duty to maintain the property in good condition and the modern majority view?

A
  • Common law: T was liable to any loss to the property, including due to force of nature
  • Majority: T may end the lease if the premises are destroyed w/o T’s fault
29
Q

What are the landlord’s only options when a tenant refuses to pay rent and is in possession of the premises?

A
  • evict T through the courts, or

* continue the relationship and sue for rent owed

30
Q

If the landlord moves to evict a tenant, is she entitled to rent until the tenant vacates?

A

yes, because T is a tenant at sufferance

31
Q

What may a landlord not do when T refuses to pay rent but remains in possession of the property?

A

engage in self help (e.g., changing the locks, forcibly removing T, removing any of T’s possessions)

32
Q

What legal consequences face a landlord who engages in self help to remove a non-paying tenant?

A

civil and criminal liability

33
Q

What are the landlord’s options when T stops paying rent and is out of possession of the property?

A
  • treat abandonment as offer of surrender (surrender needs to be in writing if remaining term is over 1 year)
  • ignore the abandonment and hold tenant responsible for rent as if he was still there (minority state option)
  • re-let the premises on the wrongdoer tenant’s behalf and hold him liable for any deficiency (L must at least try to do this)
34
Q

What duties does a landlord owe?

A

(1) deliver possession
(2) implied covenant of quiet enjoyment
(3) implied warranty of habitability
(4) no retaliatory eviction

35
Q

What does the duty to deliver physical possession require?

A

L must put T in physical possession of the premises, and is liable for damages if a holdover occupies the premises when T’s term starts

36
Q

To what kinds of leases does the implied covenant of quiet enjoyment apply?

A

both commercial and residential

37
Q

What are the tenant’s rights under the implied covenant of quiet enjoyment?

A

quiet use and enjoyment of the premises, without interference from L

38
Q

What is actual wrongful eviction under the implied covenant of quiet enjoyment?

A

L wrongfully evicts T or excludes T from the premises

39
Q

What 3 elements are required for constructive eviction under the implied warranty of quiet enjoyment?

A

(1) Substantial Interference
(2) Notice (T tells L of problem and L fails to act meaningfully)
(3) T vacates within a reasonable time after L fails to fix the problem

40
Q

When may the acts of other tenants make a landlord liable for the breach of the implied warranty of quiet enjoyment?

A
  • L must not permit nuisance on site

* L must control common areas

41
Q

To what kinds of leases does the implied warranty of habitability apply?

A

residential leases only

42
Q

May the implied warranty of habitability be waived?

A

no

43
Q

What sort of problems trigger breach of the implied warranty of habitability?

A

things making the premises unfit for human habitation (no heat in winter, no running water, no plumbing)

44
Q

What are T’s options when the implied warranty of habitability is breached?

A

Pick any:
• Move out and end the lease
• Repair the condition and deduct it from rent
• Reduce rent or withhold it until the court determines the fair rental value (unpaid rent must be placed in escrow to show good faith)
•Remain in possession, pay rent, and seek money damages

45
Q

What is retaliatory eviction?

A 
when T reports L's housing code violations and L does any of the following:
•raises rent
• ends the lease
• harasses T
• takes other reprisals
46
Q

What is the difference between an assignment and a sub-lease?

A

An assignment transfers the tenant’s entire remaining interest in the lease, and a sub-lease transfers only a part

47
Q

If a lease allows for assignment or subletting, what may L require from T before he does so?

A

prior written approval from L

48
Q

Once L consents to a transfer by T, may he object to further transfers by that T?

A

not unless he reserved the right to do so

49
Q

When T1 assigns his lease to T2, what is the relationship between T2 and L?

A

privity of estate, but not privity of contract (unless T2 expressly assumed performance of all obligations in the original lease)

50
Q

When L and T2 are in privity of estate, what is the effect of covenants in the original lease?

A

L and T2 are liable to each other because the covenants run with the land

51
Q

When T1 assigns his lease to T2, what is the relationship between T1 and L?

A

They are no longer in privity of estate, but the are still in privity of contract

52
Q

When T1 assigns his lease to T2, what is their liability to each other

A

secondarily liable

53
Q

When T1 subleases to T2, what is the relationship between T2 and L?

A

neither privity of estate nor privity of contract

54
Q

At common law, what was a landlord’s tort liability?

A

none

55
Q

What are the five most important exceptions to the common law doctrine of caveat lessee?

A

(1) Common areas (duty to maintain)
(2) Latent defects (duty to warn)
(3) Assumption of repairs (duty to complete with reasonable care)
(4) Public use (public space + nature of defect + length of lease shows L T will not repair)
(5) Short term lease of furnished dwelling (liable for any defect on site)

Real Property (9 decks)

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