Nonfreehold Estates

Question 1

What are tenant duties?

Exceptions?

Answer 1

Duties

1. pay rent
2. avoid waste

Exceptions:

1. destruction of premises
2. material breach by LL

Question 2

what are the types of tenancies? what type of tenancy is created when a tenant stays beyond?

Answer 2

tenancy for years - set term; created by express agreement

periodic tenancy - fixed period that self renews; created by express or implied agr or by operation of law (T stays past lease term)

tenancy at will - no set duration; ends at termination, deather, or transfer

tennacy at sufferance - T stays beyond lease; terminates when L evicts or agrees to antoher term (PT)

periodic

Question 3

what are T duties? what are defenses?

Answer 3

§ Duty to pay rent. Duty to pay rent ends when T surrenders leasehold interest back to LL UNLESS
□ DEFENSES:
® destruction of property
® material breach (habitability or eq)

§ Duty to avoid waste (voluntary, permissive, ameliorative). No waste if premises destroyed w/o fault of LL or T

Question 4

what are L’s remedies for nonpayment? late payment? abandonment?

Answer 4

• nonpayment: terminate lease
  ◊ majority rule: no entitlement to future rent (Ant. Rep is N/A)
  ◊ minority rule: difference b/t rental rate of breaching tenant and reasonable value
• late payment: damages
  duty to mitigate by reletting
• abandonment: accept or continue (T will still be responsbile) but duty to mitigate if accept

Question 5

what are LL duties?

Answer 5

possession
quiet enjoyment
habitability
repair (implied)

Question 6

what is the majority rule for possession? minority?

Answer 6

maj: actual
min: legal

Question 7

what iare the forms of breach of quiet enjoyment? what are t’s recourse in each?

Answer 7

actual eviction(physically excluded)
constructive eviction  (interfere with QE, breach duty): notice + time to remedy +move out
partial: abate rent

Question 8

what is implied warranty of hab? what is T recourse in breach?

Answer 8

to make suitable for human dwelling
-stop paying rent
-make repairs and abate-
pay and sue

Question 9

does L have duty to repair?

Answer 9

no but cts have recognized implied in hab

Question 10

what is an assn?
privity of K b/t?
privity of E b/t?

Answer 10

transfers remainder of L to another
K
-L and T1
-T1 and T2

E
-L and T2

Question 11

what is an sub?
privity of K b/t?
privity of E b/t?

Answer 11

transfer portion of remaing lease

K

• L and T1
• T1 and T2

E
-L and T1

Question 12

how are prohibitions on assignment requesting permission first construed?

Answer 12

narrowly

L can not reject unless commerically reasonable grounnd

Question 13

what is the rule in dumpor’s case? can LL waive the anti assn, how?

Answer 13

when LL waives (consent or knwoledge and accepts) an anti assn clause, L cannot then object to subs assn