Leasehold Estates

Question 1

Landlords/Latent Defects

Answer 1

Landlords do not impliedly warrant that premises are free of latent defects. A Landlord is only liable for latent defects, even if he neither knows nor should have known if the lease is for a short term and the property is furnished.

Question 2

Tenant/Hold-Over

Answer 2

When a tenant wrongfully holds over after expiration of a lease, the landlord may treat the tenant as a trespasser or impose a new periodic month-to-month tenancy on the hold-over tenant. While the rent of the tenancy will generally remain the same, there is an exception when the landlord notifies the tenant of the higher rent before the old lease expires.

Question 3

Fixtures/Define

Answer 3

Fixtures are movable personal property that has become permanently attached to real property.

Question 4

Fixtures/Trade Fixtures

Answer 4

Trade fixtures are removable, because they are generally only attached by the tenant for a pecuniary gain or business purpose.

Question 5

Fixtures/Damages

Answer 5

Tenant must pay for any damages caused by the removal of fixtures.