LL/T law

Question 1

tenancy for years

Answer 1

lease for a known fixed period of time (can be less than a year

term automatic (on end date)

no notice needed to erminate

writing typically needed if > 1 year

Question 2

periodic tenancy

Answer 2

Continues for successive intervals until properly terminated

creation can be express or by implication (no mention of duration but rent at set intervals)
* oral term of years violate SoF

termination
* notice must be given
* at CL: at least equal to length of period
* but if year-to-year, 6 months at CL or 1 month under restatement (modern)

Question 3

holdover tenant after lease ends

Answer 3

LL can either treat the tenant as a trespasser and sue for damages and possession or impose a new periodic tenancy on the hold-over tenant
* if elects to hold over a tenant who has wrongfully stayed on past the conclusion of the original lease, an implied periodic tenancy arises measured by the way rent is now tendered
* While the rent (as well as other terms) of the new tenancy will generally be the same as the old tenancy, there is an exception when the landlord has told the tenant of a future higher rent and that notification came before the expiration of the old lease –> LL can tehn impose higher rent in new periodic tenancy

Question 4

tenancy at will

Answer 4

terminable at will of either party
no fixed duration

must be created via express agreement

terminates after one party displays intention that the tenancy should come to an end

Question 5

tenancy at sufferance

Answer 5

tenant wrongfully hodls over after temination

terminates when LL evicts T or elect to hold T to another term

Question 6

T’s duty to repair

Answer 6

must make routine repairs attributable to ordinary wear & tear

T must not commit waste
* voluntary
* permissive (failed to take reasonable steps to protect the premises from damage from the elements)
* ameliorative (Occurs when T makes changes unilaterally without the LL’s consent; Actionable even when the T’s change increases value)
-but exception: if long term T, T can make reasonable changes that reflect changes to the neighborhood overall

duty to repair with express covenant
* If a residential tenant covenants to repair, the landlord usually remains obligated to repair (except for damages caused by the tenant) under the nonwaivable “implied warranty of habitability”

Question 7

T’s duty to pay rent

Answer 7

if T breaches and* remains on premises*: LL can evict, continue relationship and sue for rent, no self help

if T breaches and is out of posession: SIT
* surrender: end lease
* ignore: do nothing but hold T liable for rent (not avialable in mino of states)
* relet: new lease and hold T liable for deficiency (maj rule includes mitigation principle)

Question 8

LL’s duty to deliver posession

Answer 8

Duty to place T in actual, physical possession

If at start of the lease, holdover T is still in premises  LL has breached and new T gets damages

Question 9

Implied Covenant of Quiet Enjoyement

Answer 9

applies for residential and commercial

T has right to quiet use & enjoyment without interference from LL
* LL must conrol common areas and has a duty to abate a nuisance on site BUT LL is not liable for wrongful acts of other Ts (unless statute says otherwise)

breached by wrongful evictions and constructive eviction

Question 10

wrongful eviction

Answer 10

actual: LL wronfully evicts T without cause, OR excludes T from entire leased premises

partial: T physically excluded from only part of the leased premises by the LL  relieves T of obligation to pay rent for the entire premises
* e.g. damage to one room
* But if partially evicted by a p**aramount title holder ** –> apportionment of rent; i.e., relieves the tenant of the obligation to pay rent NOT for the entire premises, but only for the portion of the premises from which he was evicted

Question 11

Constructive Eviction

Answer 11

if the LL’s act or failure to provide a service he has a legal duty to provide renders the property uninhabitable/unsuitable for occupancy, the T may terminate the lease and seek damages

T can claim constructive eviction only if: SING
* substantial interference: LL’s actions or failures cause (BUT NOT an injury caused by a neighbor or stranger) the breach which substantially and materially deprives the T of her use and enjoyment of the premises
* Notice: T must notify the LL and gives reasonable time to repair, and then
* Get Out: T must vacate within a reasonable time

Question 12

implied warranty of habitability

Answer 12

residential only

Premises must be fit for basic human habitation
* nonwaiveable: pp (meant to encourage the enforcement of the housing code)

standards: case law and housing code determined

examples:
* no heat in winter
* no working plumbing
* no running water

Question 13

options for T if LL breaches IWoH

Answer 13

MRRR

Move (out and terminate the lease)
Repair (& deduct)
Reduce (or withhold rent to an amount equal to the fair rental value in view of the defects in the property)
Remain (pay full rent and seek damages for harms ocassioned bc of the breach)

Question 14

FHA

Answer 14

protects tenants and potential tenants from discrimination based on race, color, religion, national origin, sex, or disability, as well as familial status (except in senior housing)

exemptions:
* owner occupied buildings w/ 4 or fewer units
* single-family homes if owner has no more than 3

Question 15

assignment by T

Answer 15

transfer of entire remaining term of lease

Assignee and landlord are in privity of estate
* LL and assignee liable to each other for all of the covenants that run with land

Original T in privity of K (but not estate) w/ LL
* T1 secondarily liable for original lease obligations including rent e.g. if assignee stops paying rent or abandons the property –> T1 is the backup and is liable for the rent

Question 16

assignment by LL

Answer 16

If LL assigns the rents and reversion interest he owns, assignee is liable to the tenants for performance of all covenants made by the original landlord in the lease, provided that those covenants run with the land

assignee and T are in privity of estate

original LL and T remain in **privity of K **
* original LL liable for all covenants in lease and remains liable

Question 17

sublease by T

Answer 17

T has retained some part of the remaining term other than a right to reenter upon breach
* transfers less than entire interest to T2

T2 is not in privity of estate or contract with LL
* sublessee is not personally liable on any covenants in the original lease and cannot enforce the LL’s covenants
* except: may be able to enforce the implied warranty of habitability

original T remains in privity of estate with LL
* remains liable for all other covenants in the lease and can enforce the LL’s covenants

T1 and T2 responsible to each other
* e.g. if T2 fails to pay rent, L proceeds against T1 and T1 in turn proceeds against T2.
* e.g. if premises betray IWoH, T2 proceeds against T1 and T1 proceeds against LL

Question 18

Dumpor’s Case

Answer 18

If a landlord consents to one transfer that violates a covenant against assignment or sublease, he waives his right to avoid future transfers.
* The landlord may reserve the right to avoid future transfers, but such reservation must take place at the time of granting consent.

If a tenant transfers her interest in violation of a covenant against assignment or sublease, the transfer is NOT void.
* but LL can usually termiante the lease or sue for damages

covenant prohibiting assignment does not prohibit subleasing and vice versa

Question 19

LL tort liability

Answer 19

caveat lessee: let the tenant beware

LL under no duty to make premises safe

exceptions: CLAPS
* common areas
* latent defects: LL must warn of hidden defects of which T could not discover by reasonable inspection that LL knows about/should have had reason to know about (just warn, not repair)
* assumption of repairs: liable if negligent once they do repair
* public use rule: A LL who leases public space (for example, a convention hall or a museum), and who should know, because of the significant nature of the defect and the short length of the lease, that a tenant will not repair, is liable for any defects on the premises that cause injury to members of the public
* Short-term lease of furnished dwelling: LL liable for latent defects even if they neither knew nor should have known of the defect if the lease is for a short term and the property is furnished

Question 20

fixtures

Answer 20

a chattel that has been so affixed to land that it has ceased being personal property and has become part of the realty.

must stay put for residential proeprty
* more damage you are going to cause, less likely you can remove it

exception: trade fixtures doctrine
* for commercial property
* Equipment installed for the purpose of trade by a tenant, even if it would otherwise constitute a fixture, is generally removable if it is not an integral part of the premises and the tenant pays for any damages caused by the removal
* unless structural additions to property aka decks, i-beams, balconies