NON FREE HOLD ESTATES

Question 1

Estate for years

Answer 1

1. specified time (definite begin and end date)
2. No notice required for termination

> 1 yr = WRITING
one year or < = CAN BE ORAL

Question 2

Periodic Tenancy

Answer 2

Rolls on until ONE gives proper notice

-express, implied, operation of law

Question 3

Periodic (operation of law types) (2)

Answer 3

1. ORAL LEASE that violates S of F and landlord accepts check
2. HOLDOVER TENANT

Question 4

Periodic (termination) (2 notice req)

Answer 4

1. TIME (equal to length of tenancy, exc: year to year, 6 month)
2. DATE (end of the period)

Question 5

Tenancy at Will

termination by notice) (2

Answer 5

1. ANY TIME by either

2. NOTICE and REASONABLE time to vacate

Question 6

Tenancy at Will (operation of law) (termination)(5)

Answer 6

1. death
2. waste by tenant
3. assignment by tenant
4. transfer of title by landlord
5. lease by landlord to 3rd p

Question 7

Tenancy at Sufferance (holdover tenant- landlord 2 options)

Answer 7

1. sue in trespass, recover damages
2. treat as new periodic

-residential:
less than a year = RENT PAY PERIOD
year or more, month-to-month
-commercial: year or more, year-to-year

Question 8

Tenant Duties (3)

Answer 8

1. pay rent
2. maintain premises (ordinary wear n tear)
3. not to commit waste

Question 9

Covenant to Repair (tenant)

Answer 9

CL: not resp for ord wear n tear

MODERN MAJ: once covenant, liable for ALL

(unless express agree to exclude resp)
-if destroyed w out fault, NO REBUILD (unless express inclusion)

Question 10

Landlord Remedies (T fail to pay)

Answer 10

CL: sue for damages (only amount due and payable)

MOD MAJ: sue and terminate

Question 11

Landlord remedies (T abandons)(2)

Answer 11

1. RETAKE n TERM
2. RELET

CL: no duty to mitigate
MOD MAJ: MUST make “reas effort”

Question 12

Landlord Duties (3)

Answer 12

1. Actual posession
2. Imp W of Habit
3. Imp Cov of QE

Question 13

Habitability

Answer 13

premises fit for basic human habitation

MAJ: imp w of fitness or habit for RESIDENTIAL ONLY

Question 14

Habitability (T remedies)(3)

Answer 14

1. move out and end
2. stay and sue
3. repair and deduct

Question 15

Cov of QE

Answer 15

implied promise not to interfere with Ts quiet enjoyment of prop (residential, commercial or otherwise)

Question 16

Cov QE (breach) (3)

Answer 16

1. total
2. Partial
3. constructive

Question 17

Partial eviction QE (2)

Answer 17

1. physically excludes from a portion of prop

2. 3rd p, with paramount title, pays excludes from portion

Question 18

Constructive eviction QE (4)

Answer 18

fails to provide some service landlord obligated to provide that makes UNINHABITABLE (either in lease i.e HEAT, or statute i.e hot/cold water)

1. L failure to provide service (no 3rd p)
2. substantial interference
3. T must give L notice and reas time to repair
4. T must abandon within reas time

Question 19

Non assignment clause

Answer 19

may not assign or sublet without express permission- VOIDABLE

permission ONCE—WAIVED altogether unless stated otherwise

Ex. you can assign this one time only

Question 20

Partial Condemnation

Answer 20

DOES NOT release tenant from obligation to pay FULL RENT

condemnation award = to the rent to be paid over the remainder of the lease term for that portion

Question 21

Complete Condemnation

Answer 21

extinguishes lease and excuses T

Question 22

Tort Liability of L (no duty except 5 exceptions)

Answer 22

1. LATENT defects (T does not know and reas p would not–L MUST DISCLOSE but not duty to repair)
2. SHORT TERM lease (3 mo or less)
3. COMMON areas (reasonable care)
4. NEG REPAIRS by L
5. PUBLIC use exception

Question 23

Public use exception (3)

Answer 23

1. L know or should know MAJOR defects
2. L know or should know T WONT FIX
3. L know or should know PUBLIC will be using premises

Question 24

Tort Liability of T

Answer 24

T ALWAYS lible to 3rd p invitee for failure to correct dangerous cond regardless of if L may be liable also