Landlord/Tenant Law (Module 3-5)

Question 1

Four Types of Leasehold Estates

Answer 1

1) Tenancy for Years
2) Periodic Tenancy
3) Tenancy at Will
4) Tenancy at Sufferance

Question 2

Tenancy for Years Lease Overview

Answer 2

Fixed, determined period of time and know what the end date is

Terminates:
1) when the end date hits; no notice to the tenant is needed

2) landlord exercises “right of entry” which allows them to terminate the lease if tenant breaches any of the lease covenants like failure to pay rent
* if tenant stays past the specified end date, LL can either evict them OR hold them to a new periodic tenancy
* that new periodic tenancy would have same terms of expired contract

3) both parties agree to end it

Question 3

Periodic Tenancy Lease Overview

Answer 3

Lease continues for successive intervals (e.g., month to month) until either the LL or T gives proper notice of termination

Creation:
- Express
- By implication - either 1) no mention of duration in lease, 2) is for a term of years and is made orally in violation of SOF, or 3) LL elects to “hold over” tenant who has wrongfully stayed past termination of the lease

Question 4

Termination of Periodic Tenancy

Answer 4

Notice (usually written) must be given

For month-to-month need to give a month notice, for week-to-week a week, and if it’s year-to-year at least one month

Question 5

Tenancy at Will Overview

Answer 5

No fixed period of duration, terminated at will of either party (ex. “To T for as long as T or LL desires”)

Must be created by an express agreement, because payment at regular intervals of rent will imply a periodic tenancy

Question 6

Tenancy at Sufferance Overview

Answer 6

Created when a tenant wrongfully holds over (remain in possession past expiration of the estate); T is given this status so that LL is still permitted to recover rent

Lasts only until LL evicts or agrees to give T a new tenancy

Question 7

LL Options for “hold-over” tenants

Answer 7

1) treat them as a trespasser and evict them

2) bind them to a new periodic tenancy that has the same t/c’s of the expired lease

Question 8

Option to Purchase under a Lease

Answer 8

Separate K supported by consideration that is a continuing offer to sell land at a specified price; must be in writing

Lasts as long as the lease; the consideration given to keep the option is kept by LL if T doesn’t exercise because consideration was to keep option open

Question 9

Tenant’s Duty to Repair

Answer 9

When lease is silent tenant has duty to:

1) maintain premises (routine repairs but not things like normal wear and tear)
2) must not commit waste (“voluntary”, “permissive” i.e., be negligent and cause damage, “ameliorative”)

If it’s a nonresidential lease then an express covenant to repair in the lease is enforceable and can include things like having to pay for wear and tear

Question 10

Tenant’s Duty to Pay Rent/Landlord’s Rights if they don’t

Answer 10

Landlord can either evict or continue the relationship and sue for rent

Landlord can’t engage in self-help has to go through proper judicial avenues

If T doesn’t pay rent but is no longer in possession, in majority of states LL should re-let the premises (i.e., mitigate damages) and hold original T liable for any deficiency

Question 11

Landlord Duty: Implied Covenant of Quiet Enjoyment

Answer 11

Right of tenant to be free from interference from LL or any paramount title holders

Question 12

Breach of Lease by Wrongful Eviction (Actual or Partial)

Answer 12

Actual Eviction: LL excludes from entire leased premises automatically terminates T’s obligation to pay rent

Partial Eviction: T is physically excluded from only part of premises; relives T of duty to pay rent for the entire estate

Question 13

Breach by Constructive Eviction

Answer 13

Occurs when LL’s breach of duty renders the premises unsuitable for occupancy

To terminate or seek damages in this situation, T must: S I N G

Substantial Interference: chronic problem due to LL’s actoins/failures

Notice: T must notify L of the problem

Get out: T must vacate in a rxble time after L fails to remediate (important because can’t say constructive evict if still living there)

Question 14

When LL Breaches Implied Warranty of Habitability T can…

Answer 14

Has four options:

1) move out and terminate the lease

2) repair and deduct

3) reduce or withhold rent (put in escrow)

4) remain in possession, pay full rent, and seek damages

Question 15

Fair Housing Act

Answer 15

Protects tenants and potential tenants from discrimination on basis of race religion etc.

LL must also allow disabled tenants to make rxble accommodations to accomodate their disability

Does not apply to:
1) owner-occupied buildings with four or fewer units

2) single family homes owned by a LL who owns 3 or less of such homes

Note: even if it falls under one of these exceptions, the owner still cannot advertise discriminatorially

Question 16

Assignment of Lease by Tenant

Answer 16

Is allowed unless K expressly states otherwise

T transfers the entire remaining term of the lease and T2 “stands in their shoes”

The assignee and the LL are in “privity of estate” (runs with possession, LL owes warranty of habitability, T has duty to repair/pay rent, etc.)

The assignor and the LL are in “privity of contract” and assignor remains liable for all original contractual obligations

NOTE: if T1 assigns to T2 who then assigns to T3, then T2 is no longer in privity of estate (or contract) with LL

Question 17

Sublease

Answer 17

Arises when original tenant transfers less than their entire interest to T2

T2 and LL are neither in privity of contract nor estate and T2 is responsible to T1 and vice versa (so if T2 doesn’t pay rent, LL goes after T1 who then has to go after T2)

Question 18

Assignment of Lease by Landlord

Answer 18

Usually when an LL conveys deed to a new owner, tenant has no say in this and has to pay rent to the new LL

New LL is responsible for all covenants in the lease BUT original LL also remains liable for all covenants in the original lease

Question 19

Landlord Tort Liability (Caveat Lessee)

Answer 19

i.e., “buyer beware”; in tort, LL is not under any duty to make the premises safe

Question 20

Exceptions to Caveat Lessee

Answer 20

CLAPS

• Common areas
• Latent Defects (must warn of hidden defects that LL knows/should know about and T couldn’t reasonably find)
• Assumption of repairs (if LL repairs negligently they are liable)
• Public use rule (for something like convention hall, T is only using for short time, then LL is responsible still for any injury to members of the public that occur)

Short-term lease of furnished dwelling (LL is responsible for any defect that injures T)

Question 21

General Duty of Reasonable Care (Modern trend to caveat lessee)

Answer 21

LL owes general duty of reasonable care to residential Ts and will be held liable in tort for injuries occurring from ordinary negligence if the LL had notice of the defect and opportunity to repair