Property Day 2

Question 1

four leasehold/nonfreehold estates

Answer 1

tenancy for years
periodic tenancy
tenancy at will
tenancy at sufferance

Question 2

what notice is needed to terminate a tenancy for years?

Answer 2

none, because the tenancy is fixed

Question 3

L leases Blackacre to T “from January 1, 2011 to July 1, 2011.” Which form of tenancy and why?

Answer 3

Term of years, because the lease is for a fixed period

Question 4

L leases Blackacre to T “from January 1, 2011 to July 1, 2011.” How much notice is needed to terminate the tenancy?

Answer 4

None.

states from the outset when it ends

Question 5

A periodic tenancy continues for:

Answer 5

SUCCESSIVE intervals until the landlord or tenant gives proper notice to terminate

Question 6

How may a periodic tenancy be created? (2)

Answer 6

Expressly (month-to-month/year-to-year)

By implication

Question 7

In what three ways may a periodic tenancy arise by implication?

Answer 7

Land leased without mention of duration, but set intervals of rent payment

Oral term of years (in violation of SoF), measured by the way rent is tendered

Holdover (L lets T stay and continue paying rent after lease ends)

Question 8

How is the periodic tenancy of a holdover lease measured?

Answer 8

By the way rent is tendered

Question 9

How is a periodic tenancy terminated?

Answer 9

usually, written notice must be given

Question 10

At common law, how much notice is required to terminate a periodic tenancy?

Answer 10

At least equal to the period itself, unless otherwise agreed. UNLESS if the tenancy is year-to-year or greater,in which case six months’ notice is required.

Question 11

L leased Blackacre to T on January 1, 2010, for a periodic tenancy of month-to-month. On May 15, 2010, T sends write notice of termination. T is bound until:

Answer 11

June 30! Leasehold must conclude at the end of the lease period.

Question 12

What is the fixed duration for a tenancy at will?

Answer 12

There is none.

Question 13

What leasehold?

“To T for as long as L or T desires.”

Answer 13

tenancy at will

Question 14

Unless parties expressly agree to a tenancy at will, payment of regular rent will cause a court to treat it as:

Answer 14

an implied periodic tenancy

Question 15

Who may terminate a tenancy at will, and when?

Answer 15

Either party at any time.

Reasonable demand to vacate is usually needed.

Question 16

When is a tenancy at sufferance created?

Answer 16

When T has wrongfully help over past the expiration of the lease.

Question 17

In a tenancy at sufferance, why is the wrongdoer given a leasehold estate?

Answer 17

To permit L to recover rent.

Question 18

How long does a tenancy at sufferance last?

Answer 18

Until L evicts or elects to hold T to a new tenancy.

Question 19

What are a tenant’s duties?

Answer 19

Liability to third parties
Duty to repair
Duty to pay rent

Question 20

L leases a building to T, expressly promising to maintain the premises in a state of good repair. T’s invitee trips over a loose floorboard and sues T. If invitee sues T, what result?

Answer 20

T loses.

Doesn’t matter that T may seek indemnification from L. Vis-a-vis the plaintiff, who is a guest, T loses.

Question 21

If L promised to make repairs who is liable for injuries sustained by third parties invited by T?

Answer 21

T

Question 22

What is the standard of T’s duty to repair?

Answer 22

Routine repairs NOT including ordinary wear and tear (clogged toilet, but not aging bathtub discoloration).

Question 23

Three species of waste

Answer 23

voluntary (overt destruction)
permissive (neglect)
ameliorative (changes that enhance value)

Question 24

What waste is committed when a tenant removes a fixture?

Answer 24

Voluntary waste

Question 25

If T installed a fixture, may T remove it?

Answer 25

no

Question 26

With what to fixtures pass?

Answer 26

with ownership of land

Question 27

Janet Jackson, T, installs a fancy chandelier in dining room of leased apartment. At conclusion of leasehold, she starts to remove it and L demands it remain put. Who wins?

Answer 27

L, if chandelier qualifies as a fixture.

Question 28

How to determine when a tenant installation qualifies as a fixture?

Answer 28

Express agreement controls

If no agreement, tenant may remove a chattel she installed so long as removal won’t substantially harm the premises (measured by objective judgment).

Question 29

When T has expressly covenanted to maintain the proper in good condition, and premises are destroyed by force of nature, what is T’s liability? (Majority view and common law)

Answer 29

Majority view :T may end the lease when premises are destroyed without his fault

Common law: T liable for any loss of property, including force of nature

Question 30

When T breaches duty to pay rent and is in possession of the premises, what are the landlord’s options?

Answer 30

Evict through the courts

Continue the relationship and sue for rent due

Question 31

When T breaches duty to pay rent and is in possession of the premises, and L moves to evict, to what is L entitled to?

Answer 31

Rent until T vacates

Question 32

When T breaches duty to pay rent and is in possession of the premises, and L moves to evict, what kind of tenant is T?

Answer 32

Tenant at sufferance

Question 33

When T breaches duty to pay rent and is in possession of the premises, what actions by L would be considered self-help, and are they allowed?

Answer 33

Changing locks, removing T’s possessions, etc.

Self-hep is illegal and subject to both civil and criminal liability.