LL/T Cumulative Group Work

Question 1

1.How does one determine the period of a periodic tenancy?

Question 2

2.If the lease was for no fixed term, with a rental amount of $12,000/year, payable at the rate of $1000/month, what type of lease would it be? What would be the notice requirement for termination at common law and modernly, assuming the lease was silent?

Question 3

3.What is a holdover tenant and what are landlord’s options in the holdover scenario?

Question 4

4.If a lease is terminable only at the will of the tenant, how is the court likely to interpret it, and what happens if Landlord dies in this situation?

Question 5

5.What classes are protected under the FHA and when?

Question 6

6.What are the exemptions to the FHA?

Question 7

7.What are the differences in the protections offered under the FHA versus 42 U.S.C Section 1982?

Question 8

8.What was the holding from Shelley v. Kraemer and under what theory did Shelley prevail?

Question 9

9.What are the American and English rules regarding Landlord’s duty to transfer possession and which is the majority rule?

Question 10

10.How do you determine if a transfer is a sublease or an assignment?

Question 11

11.With whom does Landlord have privity of contract in a sublease?

Question 12

12.With whom does Landlord have privity of estate in a sublease?

Question 13

13.With whom does Landlord have privity of contract in an assignment?

Question 14

14.With whom does Landlord have privity of estate in an assignment?

Question 15

15.Does the 3rd Party Beneficiary Rule (“3PBR”) apply in both subleases and assignments?

Question 16

16.Under what theory does the 3PBR allow Landlord to sue?

Question 17

17.The Implied Warranty of Habitability (“IWH”) applies in commercial leases. True or false?

Question 18

18.When asserting the IWH, Tenant can withhold rent and remain on the premises. True or false?

Question 19

19.When asserting the illegal lease defense, Tenant can withhold rent and remain on the premises. True or false?

Question 20

20.When asserting breach of the Covenant of Quiet Enjoyment and Constructive Eviction, Tenant can withhold rent and remain on the premises. True or false?

Question 21

21.Housing code violations must exist at the start of the lease to successfully claim illegal lease?

Question 22

22.Housing code violations must exist at the start of the lease to successfully claim breach of IWH?

Question 23

23.When can a Tenant claim retaliatory eviction on the part of the Landlord and have the presumption be in Tenant’s favor?