Property - Landlord/Tenant

Question 1

Four Leasehold or Nonfreehold Estates

Answer 1

1. Tenancy for Years
2. Periodic Tenancy
3. Tenancy at Will
4. Tenancy at Sufferance

Question 2

Tenancy for Year - Definition/Characteristics

Answer 2

(i) Lease for a fixed period with a defined termination date.
(ii) Because of the fixed termination date - NO NOTICE requried to terminate
(iii) If term is greater than one year, must be in writing or else unenforcable under SoF.

Question 3

Periodic Tenancy - Definition/Characteristics

Answer 3

1. Lease which continues for successive intervals until L or T gives proper notice to termination (usually one period, if term 1 year or more - 6 months)
2. Can be created expressly or by implication.

Created by implication in three cases:

(i) Lease with no mention of duration, but provision is made for payment of rent in set intervals.
(ii) Oral term of years in violation of SoF created an implied period tenacy based on way rent is tendered.
(iii) For a residential lease, T holdsover and L elects to keep T, implied period tenancy measured by way rent is tendered. [IN MA, this creates a tenancy at will]

For commercial lease, T locked into new lease for whatever the rental period was.

Note: Periodic tenancy must end at the conclusion of a natural lease period.

Question 4

Tenancy at Will - Definition/Characteristics

Answer 4

1. Tenancy for no fixed duration.
2. Unless expressly stated as tenancy at will, payment of regular rent will cause court to trade as implied periodic tenancy.
3. May be terminated at any time with reasonable notice to the other party.

Question 5

MA Distinction on Tenancy at Will

Answer 5

MA Law creates a tenancy at will under normal common law rule and for an oral term of years in violation of SoF and residential holdover lease.

Question 6

Tenancy at Sufferance

Answer 6

Created when T wrongfully holds over. T gets a tenancy at sufferance to allow L to collect rent.

Lasts until L either evicts or decides to allow T to hold over to a new tenancy.

Question 7

Tenant’s Duties

Answer 7

1. T’s liability to third parties
2. T’s duty to repair.
3. T’s duty to pay rent.

Question 8

T’s Liability to Third Party

Answer 8

• Responsible to keep premises in good repair.
• Liable for injuries sustained by third parties that T invited even where L promised to make all repairs.
• MA Distinction* If L received WRITTEN notice of defect, 3P would have a cause of action vs. L.

Question 9

T’s Duty to Repair When Lease is Silent

Answer 9

Standard: T must maintain the premises and must not commit waste.

Fixtures: When T removes a fixtures, T commits voluntary waste.

Fixture is a once movable chattle by virtue of its annexation to realty, objectively shows intent to permanently improve the realty.

Question 10

Tenant and Fixtures: General Rule and Exceptions

Answer 10

General Rule: T must not remove a fixture NO MATTER THAT She installed it. Fixtures pass witht he land

Except:

(i) Express Agreement
(ii) T may remove a chattle that she has installed so long as removable will not cause substantial harm to the premises.

Question 11

T’s Duty to Repaird when Expressly Covenanted to Maintain the Property in Good Condition

Answer 11

Historical Common Law: T was liable for any loss due to force of nature.

Today: T may end the lease when the premises are destroyed w/o T’s fault.

Question 12

T’s Breaches Duty to Pay Rent When in Possession

Answer 12

Landlord may either (i) Evict or (ii) continue the relationship and sue for rent due.

Landlord must not engage in self help.

**IN MA –> If L engages in self-held, L liable for treble damage or 3 months rent plus attorney fees.

Question 13

T’s breaches this duty, but it out of possession

Answer 13

SIR

1. Surrender: L could choose to treat T’s abandoment as an offer of surrended which L accepts. If more than one year left, surrender must be in writing to meet SoF.
2. Ignore and hold T responsible for rent. [Only available in minority of states]
3. Re-let the premise and hold him or her liable for any deficiencies. [Majority Rule - Must mitigate]

Question 14

Landlord’s Duties

Answer 14

1. Duty to Deliver Possession
   
   • Majority view: physical possession required (English Rule)
   • Minority view: Legal possession is all that is required. (American Rule)
2. Implied Covenant of Quiet Enjoyment –> T has right to quiet peace and enjoyment without interference from L.
   * (i) Breach by actual wrongful eviction
   * (ii) Breach by constructive eviction
3. Implied Warranty of Habitability –> premises must be fit for human dwelling.
4. Retaliatory Eviction: IF T lawfully reports L for housing code violation, L is barred from penalizing T.

In MA –> presumption of retaliation, if eviction occurs within 6 months of T’s complaints.

Question 15

Elements for Breach by Constructive Eviction

Answer 15

SING

1. Substantial Interference - L’s actions/failures must substantially interfere.
2. Notice: T must notify L about problem and T must fail to fix.
3. Goodbye (Leave): T must vacate within reasonable time after L fails to fix the problem.

Question 16

L’s liability for acts of other tenants:

Answer 16

General Rule: NO!

Exceptions:

(i) L must not permit a nuisance on site.
(ii) L must control common areas.

Question 17

L’s Tort Liability - General Common Law Rule and MA Rule

Answer 17

General Common law: “Caveat Lessee” - L was under no duty to make the premises safe.

MA: L is liable for unsafe conditions in which L has written notice.

Question 18

Five Exceptions to General Common Law Rule that L has No Duty to Make Premises Safe

Answer 18

CLAPS

(i) Common Areas: Must maintain all common areas
(ii) Latent Defects Rule: L must warn T of hidden defects that L knows about or should know about. [Duty to Warn]
(iii) Assumption of Repairs: If L voluntarily makes repairs, liable if negligent.
(iv) Public Use Rule: Liable if L leases public space and should know about the nature of a defect.
(v) Short term lease of furnished dwelling.