Leasing Real Property - Landlord and Tenant Law - Feb. 14

Question 1

What is a term of years leasehold? (Barros) (Studicata)

Answer 1

The term of years is a leasehold that has a duration measured by a fixed period of time. (271)

A tenancy for years is an interest that lasts for a fixed and ascertainable amount of time.

Question 2

When does a term of years leasehold expire? (Barros)

Answer 2

A term of years leasehold expires when the period establishing the leasehold ends. (271)

Question 3

What is a periodic tenancy leasehold? (Barros) (Studicata)

Answer 3

A periodic tenancy lasts for a fixed period of time and then automatically renews for successive time periods unless either party gives notice of termination. (271)

A periodic tenancy is a repetitive and ongoing interest that continues for a set period of time UNTIL it is terminated by proper notice from either party (e.g., month-to-month lease, year-to-year lease, etc.).

Question 4

What happens if a lease fails to include the duration of the lease but indicates how often rent is due? (Barros)

Answer 4

An implied periodic tenancy is created. (272)

Question 5

What can happen if a person pays rent on an oral agreement that violates the Statute of Frauds? (Barros)

Answer 5

An implied periodic tenancy can be created. (272)

Question 6

Per the statue of frauds, what form must leases that are more than three years take? (Barros)

Answer 6

They must be in writing. (272)

Question 7

What are common law notice periods tied to? (Barros)

Answer 7

Common-law notice periods are tied to the duration of the lease period. (272)

Question 8

What is a tenancy at will? (Barros) (Studicata)

Answer 8

A tenancy at will is a tenancy that is “at the will” of the parties. The landlord and tenant agree that the tenant may retain possession for an unspecified amount of time. Either party can end the tenancy at any time. (273)

A tenancy at will continues until it is terminated by either party. It may be terminated at any time for any reason, and may be terminated without notice. If either party dies, the tenancy at will is terminated.

Question 9

What happens if a tenancy does not qualify as a term of years or periodic tenancy? (Barros)

Answer 9

Then it will be a tenancy at will. (273)

Question 10

What is a security deposit? (Barros)

Answer 10

A security deposit is money a tenant pays to the landlord that is kept separately in a fund for use if the tenant causes damage to the property or violates the terms of the lease. (278)

Question 11

At minimum, what must a written lease contain? (Barros)

Answer 11

A written lease must at a minimum contain certain essential terms: the names of the parties, the identity of the property to be leased, the duration of the lease, the amount of rent, and the signatures of both parties. (279)

Question 12

What is the “English Rule” when it comes to delivery of possession? (Barros)

Answer 12

The English rule places the burden on the landlord to deliver physical possession. If the landlord is unable to deliver physical possession, in most jurisdictions the landlord would be in breach of the lease and the tenant would be suspended from the obligation to pay rent. The tenant would be entitled to damages. (283)

Question 13

What is the “American Rule” when it comes to delivery of possession? (Barros)

Answer 13

Under the American rule the landlord is only obligated to provide the tenant with the legal right of possession. Under this rule, the landlord has no obligation to deliver actual physical possession. The obligation to deliver the legal right of possession is satisfied if the landlord delivers a valid lease to the tenant. If the new tenant showed up and found that the prior tenant had wrongfully stayed past the end of the lease, the new tenant be would be responsible for evicting the old tenant. The new tenant also would be liable to the landlord for the rent under the lease, even though the old tenant remained in possession. (283)

Question 14

What are the three types of leasehold estates? (Barros)

Answer 14

The term of years, the periodic tenancy, and the tenancy at will. (270)

Question 15

If the landlord breaches the implied warranty of habitability, what may the tenant do? (Studicata)

Answer 15

The tenant may:

(a) Vacate the premises and terminate the lease (the tenant is NOT required to vacate the premises);

(b) Withhold or reduce the rent;
If the tenant chooses to withhold rent, the tenant must first notify the landlord of the problem and give the landlord a reasonable opportunity to correct the problem (i.e., constructive eviction as referred to in the video).

(c) Remedy the defect and offset the costs against the rent; OR

(d) Defend against eviction.

Question 16

What are the four types of leaseholds? (Studicata)

Answer 16

Tenancy for years; Periodic tenancy; Tenancy at will; AND Tenancy at sufferance.

Question 17

Does a periodic tenancy have a specific end date? (Barros)

Answer 17

No. (271)

Question 18

What does proper notice require? (Studicata)

Answer 18

Requires the terminating party to give notice before the start of what will be the last term.

Question 19

When is proper notice effective? (Studicata)

Answer 19

The notice is effective on the last day of the term. (e.g., Landlord leases Greenacre to Tenant on a month-to-month basis. If Tenant gives proper notice of termination on June 11, the termination will be effective on July 31).

Question 20

How can intent be shown to create a periodic tenancy? (Studicata)

Answer 20

Intent can be:

(a) Express (e.g., a specific term in the signed lease agreement); OR

(b) Implied (e.g., ongoing payment of rent).