Ownership/ LL tenant

Question 1

In a LL/ Tenant leasehold, what type of tenancy is created by express agreement for a fixed period of time?

Answer 1

Tenancy for Years

Question 2

In a LL/Tenant leasehold, what type of tenancy is repetitive, ongoing estate measured by set periods that automatically renew (month to month)?

Answer 2

Periodic Tenancy

Question 3

In a LL Tenant leasehold, what type of tenancy is created when parties must expressly agree, there’s no fixed period of time and the tenancy may be terminated by either party at any time.

Answer 3

Tenancy at Will

Question 4

What tenancy is created when a tenant wrongfully holds over past the expiration of the lease, until eviction or converts into a periodic tenancy

Answer 4

Tenancy at Sufferance

Question 5

What are the Tenant’s duties?

Answer 5

1. pary rent
2. avoid waste and
3. make reasonable repairs

Question 6

when may a tenant withhold rent or deduct rent?

Answer 6

if the LL breaches the covenant of QE or if the LL violates the implied warranty of habitability

Question 7

If a a tenant ________ the property, landlord can accept as an offer of surrender

Answer 7

Abandons

Question 8

What Duties does a Landlord have a towards their tenant?

Answer 8

1. Duty to Repair
2. Implied Warranty of Habitability
3. CQE
   4.

Question 9

Landlord must maintain the property such that it’s reasonably suited for residence and failure to comply with this housing code is a breach, especially violations related to health and safety.

Answer 9

Implied Warranty of Habitability

Question 10

If the Landlord has breached the Implied Warranty of Habitability, for the tenant, what must occur?

Answer 10

1. tenant gives LL notice of breach and a reasonable app to cure

Question 11

What occurs if the LL breaches the Implied Warranty of Habitability by not making repairs?

Answer 11

Tenant may

1. stay in the property and deduct rent until the repair occurs.
2. stay in the property, pay for repairs and deduct the cost from rent or
3. terminate the lease and move out

Question 12

How is a tenant Constructively Evicted?

Answer 12

1. LL substantially interferes with tenants use and enjoyment of the land
2. Tenant gives notice of the problem and reasonable time for the LL to repair but does not repair and
3. Tenant vacates the premises in a reasonable amount of time.

Question 13

What is a transfer of a tenant’s remains lease to a new party called?

Answer 13

Assignment( generally allowed unless prohibited by the lease

Question 14

What is a transfer of a portion of the tenant’s lease, usually less than the remainder of the lease?

Answer 14

Sublease

Question 15

What is a clause in the lease prohibitiong assignment or sublease?

Answer 15

Prohibition Clause