Lesson 5 Landlord & Tenant Law, Part 1

Question 1

Estate for Years

Answer 1

Any estate which is for a fixed period of time.

Question 2

Periodic Tenancy

Answer 2

One which automatically continues from one period to the next, unless terminated with notice by either party at the end of a period.

Question 3

Tenancy at Will

Answer 3

Tenancy with no stated duration which may be terminated by either party at any time.

Question 4

Tenancy at Sufferance

Answer 4

Sufferance is created where a tenant holds over possession at the end of a valid lease.

Question 5

Duty to Deliver Possession (“English View” Majority)

Answer 5

The landlord has the duty of transferring both the legal right to possession and actual possession to th tenant at th beginning of the tenancy.

Question 6

Duty to Deliver Possession (“American View”)

Answer 6

The landlord has the duty of transferring only the legal right to possession to the tenant at the beginning of the tenancy.

Question 7

Tenant’s Right to Quiet Use and Enjoyment

Answer 7

The landlord has an implied duty not to interfere with the tenant’s quiet use and enjoyment of the premises.

Question 8

Constructive Eviction

Answer 8

Where, through the fault of the landlord, a substantial interference with the tenant’s use and enjoyment of the leased premises occurs, and such interference prevents the tenant from enjoying the premises as the parties contemplated, the tenant may terminate the lease, vacate the premises, and be excused from further rent liability.

Question 9

Tenant’s Duty to Pay Rent

Answer 9

Under common law, the duty to pay rent was not dependent on the landlord’s performance. Modern courts have increasingly viewed this duty as dependent on the landlord’s performance, so that a material breach by the landlord would at least temporarily relieve the tenant’s duty to pay rent.

Question 10

Tenant’s Duty to Repair (Doctrine of Waste)

Answer 10

At common law, the landlord had no general duty to keep the premises in repair. By contrast, the tenant had an implied duty to make repairs, an obligation arising from his duty not to commit waste.

Question 11

Tenant’s Duty not to Behave Unreasonably

Answer 11

The tenant has an implied duty to behave reasonably in his use of the premises, including obeying reasonable regulations promulgated by the landlord, following health and building codes, not disturbing other tenants, and not committing waste.