Leasehold Estates and Landlord-Tenant Relations

Question 1

what are the rules for dealing with holdover tenants

Answer 1

minority - new tenant has to deal

majority - landlord has to deal

Question 2

what’s the gist of Uniform Residential Landlord and Tenant Act

Answer 2

• tenant won’t unreasonably withhold consent to enter

- landlord won’t abuse rights

Question 3

what’s the deal with subletting

Answer 3

courts generally allow clauses forbidding it even though it restrains alienation

Question 4

are covenants viewed as independent or dependent now in leasing contracts

Answer 4

dependent – ok if tenant stops paying because landlord didn’t maintain

Question 5

if a tenant stops paying can landlords wait and sue at the end of the term for all money owed

Answer 5

no - duty to mitgate

Question 6

who has burden of proof for duty to mitigate

Answer 6

landlord

Question 7

what’s the duty to mitigate

Answer 7

reasonableness standard
landlord don’t have to kill himself over this
doesn’t HAVE to make any effort but then can’t sue
need to put unit back in stock if it’s a big complex

Question 8

what’s the covenant of quiet enjoyment

Answer 8

implied in every lease
breached when T’s right to possession is impaired by L
actual eviction or constructive eviction

Question 9

what says the restatement re: constructive eviction

Answer 9

• T can claim constructive eviction if there is a “not insignificant” interference
• also wants to hold Ls liable for third parties acts if they can control them
• also would reject requirement that T leaves

Question 10

what does warranty of habitability overlap with a lot

Answer 10

constructive eviction

Question 11

what is the warranty of habitability

Answer 11

landlord has non-waivable duty to maintain premises in a habitable condition