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Multistate > Property > Flashcards

Property Flashcards

1
Q

The tenant has a _______ interest in the leased premises

A

present possessory

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2
Q

The landlord has a ________ interest in the leased premises

A

future interest (reversion)

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3
Q

What are the four types of leasehold estates?

A
  1. tenancies for year; 2. periodic tenancies; 3. tenancies at will; 4. tenancies at sufferance
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4
Q

True or False, a tenancy for years’ termination date is usually uncertain.

A

False, the termination date for tenancy for years is usually certain (i.e. until the bar exam)

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5
Q

Must notice be giving to terminate a tenancy for years?

A

No.

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6
Q

How are tenancy for years normally created?

A

By written leases

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7
Q

How would a court hold a tenancy for years lease that exceeds the statutory minimum?

A

Entirely void.

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8
Q

Where a tenancy for years lease contains an option to renew for a period beyond the permitted maximum, what do courts hold?

A

The entire lease is held void.

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9
Q

True or False, a tenancy for years ends shortly after its termination date.

A

False, a tenancy for years end automatically on its termination date.

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10
Q

What is the landlord’s right of entry?

A

The reserved right to terminate if the tenant breaches any of the leasehold covenants..

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11
Q

Does the absence of a reserved right of entry prohibit a landlord from terminating the lease if the tenant fails to pay rent?

A

No.

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12
Q

Does surrender terminate a tenancy for years?

A

Yes.

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13
Q

What does surrender consist of?

A

The tenant giving up his leasehold interest and the landlord accepting.

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14
Q

Must the notice to terminate periodic tenancies be giving by the tenant?

A

No, notice can come from either party.

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15
Q

What term is always uncertain until notice is given in periodic tenancies?

A

Termination date

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16
Q

What are the three ways to create period tenancies?

A
  1. express agreement; 2. implication; 3. by operation of law
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17
Q

What are two ways a periodic tenancy can be created by operation of law?

A
  1. If the tenant holds over; 2. the lease is invalid and the tenant nonetheless goes into possession
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18
Q

True or False, a periodic tenancy is automatically renewed if proper notice has not been given.

A

True

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19
Q

How much notice is needed to terminate a periodic tenancy from year to year?

A

6 months

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20
Q

How much notice is required to terminate a periodic tenancy whose duration is less than one year?

A

a full period in advance

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21
Q

Must the notice to terminate a period tenancy be in writing?

A

Yes

22
Q

True or false, the notice to end a periodic tenancy can only be delivered to the party in question?

A

False, the notice can be either delivered to the party in question or deposited at his residence.

23
Q

True or False, only the landlord has the right to terminate at will in a tenancy at will lease.

A

False, both the landlord AND tenant must the right to terminate at will.

24
Q

Must tenancies at will be expressly agreed to by both parties?

A

Yes

25
Q

At common law, is notice required to terminate a tenancy at will?

A

No, but a majority of states now require notice and reasonable time to quit the premises.

26
Q

What are the 5 ways a tenancy at will terminates by operation of law?

A
  1. either party dies; 2. the tenant commits waste; 3. the tenant attempts to assign his tenancy; 4. the landlord transfers his interest in the property; 5. the landlord executes a term lease to a third person
27
Q

When do tenancies at sufferance arise?

A

When a tenant wrongfully remains in possession after the expiration of a lawful tenancy.

28
Q

In a tenancy at sufferance, is a tenant liable for rent?

A

Yes.

29
Q

Is notice required to end a tenancy at sufferance?

A

No.

30
Q

How long does a tenancy at sufferance last?

A

Only until the landlord takes steps to evict the tenant.

31
Q

What are a landlord’s two options if a tenant continues in possession after the termination of his right to possession?

A
  1. Eviction; 2. Creation of Periodic Tenancy
32
Q

True or false, if the landlord notifies the tenant before termination of the tenancy that occupancy after termination will be at an increased rent, the tenant will be held to have acquiesced to the new terms.

A

True, provided the increase is reasonable.

33
Q

Can the landlord bind the tenant to a new tenancy under the hold-over doctrine if the tenant remains in possession for only a few hours after termination?

A

No.

34
Q

Can the landlord bind the tenant to a new tenancy under the hold-over doctrine if the tenant leaves a few articles of personal property?

A

No.

35
Q

If delay is not the tenant’s fault, can a landlord bind the tenant into a new tenancy under the hold-over doctrine?

A

No.

36
Q

True or false, a seasonal lease allows for a landlord to bind the tenant into a new tenancy under the hold-over doctrine?

A

False.

37
Q

When a landlord collect double rent?

A

When the tenant willfully remains in possession after his term expires and the landlord makes a written demand for possession.

38
Q

Can a landlord use forcible entry or self-help to remove a hold-over tenant

A

No.

39
Q

At common law, are covenants in a lease independent or dependent of each other?

A

Independent

40
Q

Lease covenants being independent of each other means what?

A

You can recover damage but must still perform your promises and cannot terminate the lease.

41
Q

Lease covenants being dependent of each other means what?

A

One party’s performance may be excused when the other party’s breach relates to a material part of the lease.

42
Q

What are the three types of waste?

A

1) Voluntary (affirmative); 2) Permissive; 3) Ameliorative

43
Q

What is voluntary (affirmative) waste?

A

When the tenant intentionally or negligently damages the premises (this includes exploiting minerals unless permitted to do so)

44
Q

What duty arises for the tenant under permissive waste?

A

The tenant has no duty to make any substantial repairs, but has the duty to make ordinary repairs (excluding ordinary wear and tear unless covenanted to do so).

45
Q

If a tenant fails to make ordinary repairs, is the tenant liable to landlord for all costs, repairs and damages?

A

No, the tenant is only liable for the damages but not the costs of repair.

46
Q

Is a tenant permitted to make substantial alteration to leased structures?

A

No.

47
Q

A tenant is liable for what cost should he commit ameliorative waste?

A

cost of restoration

48
Q

Under the modern trend, when will courts permit a change in the character of the premises?

A

When the change 1. increases the value of the premises; 2. the change is performed by a long-term tenant; and 3. the change reflects a change in the nature and character of the neighborhood.

49
Q

Is there waste involved if the premises is destroyed without fault?

A

No.

50
Q

Under common law, is a lease still in effect if the premises is destroyed without fault of either party?

A

Yes.

51
Q

Under common law, does the tenant have a duty to restore premises destroyed without fault? Does the tenant have the duty to pay rent?

A

No duty to restore, but the tenant has the duty to pay rent.

Multistate (3 decks)

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