LL & Tenant

Question 1

Types of Tenancies

Answer 1

1. Tenancy for YEARS
2. PERIODIC Tenancies
3. Tenancies at WILL
4. Tenandices at SUFFERANCE

Question 2

Tenancy for YEARS

Answer 2

Creation:
-For fixed period 
-in writing, if lease over a year
-LL has Right of Entry (RoE)- allows him to end lease
^^ right remains even if not reserved 

Termination:
-automatically
-if T fails to pay
-if T surrenders tenancy AND LL accepts 
(^ in writing if unexpired term is over 1 yr)

Question 3

PERIODIC Tenancy

Answer 3

Creation: 1 of 3 ways
(1) Express Agreement 
(2) Implication 
(3) Operation of law 
      *T remains in poss after lease expires & LL treats as 
       periodic tenancy
      *Lease invalid but T takes poss

Termination:
-automatic renewal until proper notice by either party
-notice must be ONE FULL PERIOD in advance
&
-timed to end at end of lease period (30th/31st)

CL: 6mths notice for yr-yr
ML: 1mth for mth-mth

Question 4

Tenancies at WILL

Answer 4

Creation:

• w/ express agreement that lease can be terminated at any time
• absent agreement, it becomes periodic tenance
• if lease only gives LL right to terminate- same goes to T
• if lease only gives T right to terminate- not same for LL

Termination: at will of either LL or T

• notice & reasonable time to quit
• operation of law (death/waste…)

Question 5

Tenancies at SUFFERANCE

Answer 5

Creation: T remaining in poss after end of lawful tenancy

Termination:

1) until LL evicts T; or
2) LL holds T to another term
* No notice of termination required

Question 6

Assignment by TENANT

Answer 6

COMPLETE transfer of remaining term

• assignee stands in shoes of OG tenant
• assignee & LL in privity of estate (not of K)
• LL can sue assignee & Tenant for rent & all covenants that run w/ land

Question 7

Sublease

Answer 7

Tenant retains part of remaining term

• OG tenant stays in privity of estate AND K
• OG tenant liable for all rent and covenants
• OG tenant can enforce LL’s convenants
• sublesee not liable to LL UNLESS expressly assumes covenants

Question 8

Assignment by LL

Answer 8

• Assignee & T in privity of estate (not K)
• OG LL & tenant stay in privity of K
• Assignee liable on all covenants
• OG LL remains laible for all covenants

Question 9

LL’s liability

Answer 9

1. must DISCLOSE DANGEROUS Conditions (not repair)
   - if T accepts after disclosure, LL not liable for PI
2. reasonable care of common areas
3. LL liable for injuries to public if:
   1) knows/should know are dangerous;
   2) LL has reason to believe T would let public in
   before repairs; AND
   3) fails to repais
4. liable for PI from any defect if he leases fully furnished place
5. liabe for negligent repairs/ giving deceptive appearance of safety
6. liable for failure to repair/negligent repair if covenent requires him to