Leases And Subleases

Question 1

Term of Years

Answer 1

Lease for a certain amount of time set by calendar then returns to the landlord (via reversion)

Question 2

A term of years can be measured

Answer 2

By any amount of calendar time, from 1 day to 1,000 years, so long as it has a set beginning and ending

Question 3

In a term of years, notice is

Answer 3

Not necessary because the end point is known

Question 4

Effect of death on a term of years

Answer 4

It has no effect

Question 5

Periodic lease

Answer 5

Lease for reoccurring term that continues for succeeding periods until notice of termination. Without notice, there is no termination

Question 6

A periodic lease recurs on a

Answer 6

Month to month or year to year basis

Question 7

How to determine the term for a periodic lease

Answer 7

Majority: yearly the rent is reserved
Minority: rent is paid monthly
Where lease is silent, presumed to be yearly

Question 8

For a periodic lease, notice is

Answer 8

Required. If move out without notice, landlord has remedy against tenant for unpaid rent or to enforce lease another year

Question 9

For a periodic lease, the notice must be given

Answer 9

As the lease specifies, unless unreasonable. If lease is silent, the common law says 6 months for a 1 year lease. Month requires 1 month. Modern statutes typically allow notice to be within 30 days for yearly lease

Question 10

Effect of death on periodic lease

Answer 10

No effect

Question 11

Tenancy at will

Answer 11

Tenancy of indefinite duration. No resolving period, endures as long as desired. Lease may be silent on who may terminate, in which case both have the ability

Question 12

Rule from the Garner case (concerns tenancy at will)

Answer 12

Courts do not favor tenancy at will, and will try to avoid them where possible. As such, where the lease allows tenant the right to terminate and not landlord, it creates a determinable life estate in T.

Question 13

Death effect on tenancy at will

Answer 13

Ends it, unless there is a determinable life estate

Question 14

2 options for dealing with a holdover tenant

Answer 14

1. Evict and recover damages
2. Create new tenancy, express or implied by acts (cashing check for rent)

Question 15

Leases for over a year must

Answer 15

Be in writing. As a general pointer, all leases should be in writing

Question 16

The Fair Housing Act …

Answer 16

Prohibits discrimination against potential tenants on the basis of a protected class

Question 17

Protected classes under the Fair Housing Act

Answer 17

Race
Religion
Sex
Color
Handicap
Familial status
National origin

Question 18

In addition to preventing discrimination in purchasing, the fair housing act also

Answer 18

Prohibits discrimination in terms, conditions, or dwellings

Question 19

Exceptions to the fair housing act

Answer 19

Religious organizations
Single family homes if < 3 homes are owned
Rooms occupied by not more than 4 families living independently if owner also resides

Question 20

The exemptions to the Fair Housing Act do not apply

Answer 20

To paper discrimination (advertisements)

Question 21

Hostile Housing Environment

Answer 21

1) endured unwelcome harassment based on protected characteristic
2) severe or pervasive such that interferes with terms of residency or use of facilities
3) basis for imputing liability (control of common spaces)

Question 22

Delivery of Possession: 2 views

Answer 22

English Rule (majority): must provide physical possession on year 1
American rule (minority): merely provide legal right

Question 23

3 different types of rights to convey lease

Answer 23

1) Freely assignable, no express limiting provision
2) consent of L required
3) consent needed, and may not be unreasonably withheld

Question 24

Sub-lease vs. assignment

Answer 24

A sub-lease gives a possessory right for a length less than that of the remaining term, while an assignment conveys it for the remainder of the term

Question 25

Significance of difference between sub-lease and assignment

Answer 25

A sublease does not establish any private between landlord and T1, meaning only T is liable, whereas a assignment establishes privity of estate between L and T1

Question 26

Privity of contract

Answer 26

Legal relationship based upon sale and purchase. Exists between L and T, always, unless novation

Question 27

Privity of estate

Answer 27

Legal relationship based upon a mutual successive relationship

Question 28

Novation

Answer 28

L waives right to sue based upon privity of contract

Question 29

Covenants that run with the land

Answer 29

1) pay money
2) physical aspects
3) duration
4) services and utilities

Question 30

3rd Party Beneficiary rule

Answer 30

Alternative theory of liability that gives privity of contract between landlord and distant tenants. Tenant must expressly agree to assume obligation to perform lease

Question 31

Requirements for third party beneficiary

Answer 31

1) tenant must expressly assume obligation to perform lease
2) state has rule

Question 32

True or False: a landlord may use self-help to evict a tenant who defaults

Answer 32

False. The landlord must resort to judicial process to remove a tenant who defaults

Question 33

Abandonment occurs when . . .

In this case, a landlord must

Answer 33

Tenant vacates without justification and without intent to return

Mitigate their damages

Question 34

Surrender defined

Answer 34

Tenant offers to end tenancy, which terminates if landlord accepts and frees tenant from obligation for future rents

Question 35

True or False: A landlord does not have to accept a tenant’s surrender

Answer 35

True. As the parties have an enforceable contract, tenant cannot unilaterally end it.