Leasehold Interests

Question 1

tenancy of years

Answer 1

For fixed period of time (even days)

1. ends automatically on termination date (no notice)
2. need a termination date
3. no notice of termination required
4. watch SOF

Question 2

Periodic tenancy

Answer 2

fixed period that continues for succeeding peirods. (e.g. motnh to month)

1. created expressly or when lease draws periodic payments
2. terminated upon propert notice
3. continuous until properly terminated
4. can arise by implication (payment of month)
5. must give notice equivalent ot lenght of period itself

Question 3

tenancy at will

Answer 3

no stated duration

1. created expressly
2. terminated upon proper notice
3. payment of regualrized rent
4. reaonsable demand to vacate required

Question 4

tenancy at sufferance

Answer 4

tenant in possession after tenancy expires

1. landlord may evict or create periodic tenancy by accepting rent

Question 5

duties of landlord and tenant

Answer 5

T - pay rent and not commit waste (voluntary (destruction), permissive (neglect), or ameleriotaive (unilateral)) and ordinary wear and tear

L - must repair, deliver habitable premise and can’t interfere with possession

Question 6

fixture

Answer 6

once movable chattel that by virtue of its attachment to realty objectively shows intent to improve realty (e..g heating, certian lighting)

Question 7

Assignment

Answer 7

transfer in whole. Makes privity of estate - both are liabile for all covenants that run with the land (repair, rent).

Landlord is in privity of contract with original tenant and tenant is in privity of estate

PAY ATTENTION BECAUSE A PERSON IN THE MIDDLE CAN LOSE PRIVITY

Question 8

sublease

Answer 8

transfer less than all the time you have left

L and K aren’t in privity of K or privity of estate.

Question 9

tort based claims against landlod

Answer 9

CLAP

C - common areas are maintained by L
L - latent defect - L must warranty against hidden defects against which he knows. Just a duty to warn

A -