Leaseholds (landlord/tenant)

Question 1

Tenancy for Years

Answer 1

For fixed period of time

Question 2

Termination of Tenancy for Years

Answer 2

Automatic at end date
No notice needed

Question 3

Periodic Tenancy

Answer 3

Continuous for successive intervals
(month to month)
Created expressly or via implication

Question 4

When is a periodic tenancy created by implication?

Answer 4

When

•no mention of duration
•oral term that violates Statute of Frauds
•hold over tenant

Question 5

Termination of Periodic Tenancy

Answer 5

At least equal length of period (common law)

Month to month = 1 month
Week to week = 1 week
Year to Year = 1 month (Restatement)

Question 6

Tenancy at Will

Answer 6

No fixed duration

Question 7

Termination of tenancy at will

Answer 7

Terminator at will of either party

Question 8

Tenancy at Sufferance

Answer 8

When T holds over past lease expiration and L proceeds to accept rent

Question 9

Termination of Tenancy at Sufferance

Answer 9

L moves to evict or holds T to new tenancy

Question 10

What are T’s duties

Answer 10

Make ordinary repairs
Not comment waste
Pay rent

Question 11

L’s options if T doesn’t pay rent and remains on the premises

Answer 11

Evict
Continue relationship & sue for rent

NO SELF HELP

Question 12

L’s options if T doesn’t pay rent and no longer in possession of premises

Answer 12

SIR

Surrender- end lease
Ignore - do nothing but hold T liable $
Relet - new lease, hold T liable for $

Question 13

L’s duties

Answer 13

• place T in actual physical possession
•Implied covenant of quiet enjoyment
•Implied warranty of habitability (residential only)

Question 14

Implied Covenant of Quiet Enjoyment

Answer 14

T has the right to quiet enjoyment w/o use or interference of L (wrongful or constructive eviction)

Question 15

Wrongful eviction by L

Answer 15

W/o cause, takes whole or part of premises

Question 16

Constructive eviction by L

Answer 16

L renders premises unsuitable for occupancy

Must show “SING”

SI- substantial interference
N-notice (T must notify L)
G-get out (T must vacate)

Question 17

Implied Warranty of Habitability

Answer 17

Premises must be fit for basic human habitation

Residential only

Question 18

T’s options if implied warranty of habitability breached

Answer 18

M3R

M-move
R-repair and deduct
R-reduce or withdraw rent
R- remain and seek damages

Question 19

Fair Housing Act

Answer 19

Bar discrimination based on color,race, sex, religion, family status, disability, national origin

Question 20

Exceptions to Fair Housing Act

Answer 20

• Owner occupied building with 4 or fewer units

•single family homes and owner has no more than 3

Question 21

Assignment

Answer 21

T’s transfer of entire interest

Assignee T in privity with L (steps in shoes)- liable for covenants w/land

OG T in privity with K (but not estate) with L-liable for lease obligations

Question 22

Sublease

Answer 22

T transfers only part of interest

T2 has not privity w/ L ( estate or k)

T & T2 responsible to each other
Relationship between L and T remains in tact

Question 23

Caveat Lease (tenants beware)

Answer 23

L has no duty in tort to make premises safe

Question 24

Exceptions to Caveat Lease

Answer 24

CLAPS

C-common areas
L-latent defects (L must warn)
A- assumption of repairs (negligently)
P- public use
S- short term lease of furnished dwelling