Leasehold Estates

Question 0

Periodic Tenancy

Answer 0

• No ending point, renewed for successive periods
• Either party can give notice
• Inferred if reoccurring payments exist without writing

Question 1

Term of Years Tenancy

Answer 1

• Identified by fixed duration agreed upon in advance
• Ends automatically when term ends
• Statute of fraud applies
• Can result in holdover

Question 2

Tenancy at Will

Answer 2

• No fixed ending point, continues as long as desired, created by implication
• No agreement on term or payments
• Death ends tenancy
• Tenant holds over and no new terms are agreed upon

Question 3

Tenancy at Sufferance

Answer 3

• Hold over after lease term has ended, has a right to notice of eviction and is not merely a trespasser
• Landlord has 2 options: (1) evict or (2) renew lease terms

Question 4

Leasehold Estates

Answer 4

• Nonfreehold estates
• Landlord transfers exclusive right to possession of the premises to the tenant and retains a future interest (usually a reversion)

Question 5

Civil Rights Act

Answer 5

Prevents racial discrimination in rental and sale, excludes advertising and services

Question 6

Federal Fair Housing Act

Answer 6

Protects RCRSFND, in advertising, sale, rental, services

Question 7

Constructive Eviction

Answer 7

Landlords material act or omission substantially interferes with tenants use and enjoyment - functional equivalent of eviction, tenant abandons

Question 8

Implied Warranty of Habitability

Answer 8

Landlord has a duty to keep premises for for human habitation - must have notice of defect and reasonable time to repair

Question 9

Privity of Contract

Answer 9

Tenant pays rent, landlord owes implied warranty of habitability

Question 10

Privity of Estate

Answer 10

Tenant pays rent, landlord owes implied covenant of quiet enjoyment

Question 11

Assignment

Answer 11

Tenant assigns rights to third party for the entire remaining period of lease - Privity of contract exists between tenant and landlord, and between assignee and tenant. Privity of estate exists only between assignee and landlord

Question 12

Sublease

Answer 12

Tenant transfers rights to third party for less than remaining lease term - Privity of contract between tenant and landlord, as well as sublessee and tenant, Privity of estate between sublessee and tenant, and tenant and landlord

Question 13

Commercial Consent Clauses

Answer 13

Sole discretion clause (majority), commercial reasonableness clause (minority), silent consent clause

Question 14

Commercial Reasonableness Clause

Answer 14

NANOFRATMLS: Need for alteration, nature of occupancy, financial responsibility, appropriate tenant mix, legality of use, suitability of use

Question 15

Abandonment

Answer 15

Tenant leaves premises showing an intent not to return, stops paying rent - seen as an offer to terminate the lease

Landlord can sue for all rent, terminate lease, or mitigate damages and sue for lost rent (duty to mitigate)

Mitigate requires reasonable effort to relet and returning unit to inventory

Question 16

Eviction

Answer 16

Landlord must have good-faith to evict. Landlord can evict by judicial process only when a tenant has not abandoned UNLESS self-help eviction available where landlord is legally entitled to possession and landlord enters peaceably

Question 17

Good Faith Eviction

Answer 17

SHOT FONTP SD GC: health and safety of other tenants, failure or neglect to pay rent, substantial damage to the premises, other good cause

Question 18

Retaliatory Eviction

Answer 18

6MC, BS | TCTGA TCTLMP JTA: presumed if eviction occurs within 6 months after tenant has complained where tenant has complained to a government agency, to the landlord concerning maintenance of the premises, or IOWA joined a tenants association

BURDEN SHIFTING defendant must prove nonretalitory reason for eviction, if he does plaintiff must prove material facts disputed

Question 19

Remedies for Tenant - Implied Warranty Breach

Answer 19

Pay rent and sue for rent reimbursement, withhold rent motivating landlord to fix problem, repair and deduct from rent

Question 20

Damages

Answer 20

Special Damages - injuries caused by breach

General Damages - rent abatement or reimbursement - percent diminution: fair rental value less percentage use and enjoyment decreased by breach

Question 21

Physical Possession - Delivery

Answer 21

English Rule - must deliver actual possession or it is a breach

Question 22

Legal Right to Possession - Delivery

Answer 22

American Rule - covenants possession will not be withheld