Property Law: C. Landlord & Tenant issues

Question 1

What is a Leasehold interests?

Answer 1

A lease provides the tenant with a present possessory interest in the real property (subject to any terms and conditions agreed to), and gives the landlord a future interest in the property.

Question 2

In most states, what does the statute of frauds require for a lease interest?

Answer 2

In most states, the statute of frauds requires a lease of more than one year to be in writing.

Question 3

What are the three types of leaseholds that exist?

Answer 3

1. Tenancy for years
2. Periodic tenancy
   3, Tenancy at will

Question 4

How long does a tenancy for years last?

Answer 4

A tenancy for years last for a fixed period of time (there is a specified beginning and end date), as agreed by the landlord and tenant.

Question 5

Will the lease automatically terminate after the fixed period?

Answer 5

Yes. the lease automatically terminates after the fixed period.

Question 6

Can a tenant terminate a lease prior to the end of the term?

Answer 6

No. Normally, a tenant CANNOT terminate a lease prior tot he end of the lease term, unless constructive eviction or another exception applies.

Question 7

How long does a periodic tenancy last?

Answer 7

A periodic tenancy last for an initial period and then automatically continues for additional equal periods (ie. weekly, monthly) until it is terminated by the landlord or Tenant.

Question 8

How do you create a periodic tenancy?

Answer 8

A periodic tenancy may be created: expressly by agreement; by implication if rent is paid at specific periods (ie. every week or month); or by law when a tenant-for-years remains after termination of the period or when a lease agreement is invalid.

Question 9

How can you terminate a periodic tenancy?

Answer 9

A periodic tenancy can only be terminated: at the end of a natural lease period, and requires written notice at least a full period in advance.

Question 10

What is an example of how a periodic tenancy is terminated?

Answer 10

For example, a periodic month-to-month tenancy requires a one-month notice of termination.

Question 11

What is an exception for terminating a period year-to-year tenancy?

Answer 11

An exception to a periodic year-to-year tenancy, is that only 6-months notice is required.

Question 12

How long does a tenancy at will continues?

Answer 12

A tenancy at will continues until either party terminates it, and usually created by an express agreement.

Question 13

In most states, what does termination of a tenancy at will requires?

Answer 13

In most states termination of a tenancy at will requires giving: Notice of termination; and a reasonable time to quit the premises.

Question 14

What does the minority states require for termination of the tenancy at will?

Answer 14

In a minority of states, termination doe not require notice tot he tenant.

Question 15

Tenant Duties:

Does a tenant have a duty to pay rent?

Answer 15

Yes. A tenant’s duty to pay rent runs with the land.

Question 16

What happens if a tenant remains on the property and does not pay rent?

Answer 16

If a tenant remains on the property and does not pay rent, the landlord may: initiate eviction proceedings; OR allows the tenant to remain on the property and sue for damages.

Question 17

What happens if the tenant abandons the property and does not pay rent?

Answer 17

If the tenant abandons the property and does not pay rent, the landlord may be required to take reasonable steps to mitigate his losses (depending on the applicable law).

Question 18

What are a Landlord’s rights and liabilities concerning a hold-over tenant?

Answer 18

A landlord has two options of a tenant hold-over: He may evict the tenant; OR he may hold the tenant over.

Question 19

What is a hold-over tenant?

Answer 19

A hold over tenant is when the tenant retains possession after the expiration of the lease.

Question 20

What happens when the landlord hold the tenant over?

Answer 20

By holding the tenant over, an implied month-to-month tenancy is created with terms identical to the original lease terms.

Question 21

What happens if the tenant was informed by the landlord before the end of the lease term?

Answer 21

If the tenant was informed by the landlord BEFORE the end of the lease term, that renewal of the lease would involve higher rent, then the higher rent would apply.

Question 22

At Common law, what was the duration of the implied periodic tenancy?

Answer 22

At common law, the duration of the implied periodic tenancy was equal to that of the original tenancy.

Question 23

Due to the harshness of the periodic tenancy rule, what did most states do modify the common law?

Answer 23

Due to the potential harshness of this rule, most states have modified the common law, making all holdover tenancies implied month-to-month tenancies (unless otherwise agreed by the parties).

Question 24

Landlord Duties:

What is an implied Warranty of habitability?

Answer 24

A warranty of habitability is implied in every residential lease

Question 25

What does the implied warranty of habitability requires?

Answer 25

The implied warranty of habitability requires that the landlord provide a place to live (apartment, home) that is habitable.

Question 26

When is a property deemed habitable?

Answer 26

A property is deemed habitable if it’ reasonably suitable for human needs (the local housing or public safety code must be considered for specifics).

Question 27

Does commercial lease fall under the implied warranty of habitability?

Answer 27

Some courts impose the implied warranty of habitability in commercial leases in limited circumstances.

Question 28

What happens if the warranty of habitability is breached?

Answer 28

Upon a breach of the warranty of habitability, the TENANT may: move out and terminate the lease; withhold or reduce the rent; repair the issue and deduct the cost from the rent; OR remain on the premises and sue for damages.

Question 29

Landlord Duties: Constructive Eviction

What is an implied covenant of quiet enjoyment?

Answer 29

Every lease includes an implied covenant of quiet enjoyment, which prevents a landlord from interfering with the tenant’s quiet enjoyment nd possession of the property.

Question 30

When does constructive eviction occurs?

Answer 30

Constructive eviction occurs when:

1. The landlord breached a duty to the tenant
2. the landlord’s breach caused a loss of the substantial use and enjoyment of the premises 3. The tenant gave the landlord notice of the condition
3. The landlord failed to remedy the condition within a reasonable time after notice was given’ AND
4. The tenant vacated the premises.

Question 31

Upon being constructively evicted, what may the tenant do>

Answer 31

Upon being constructively evicted, the tenant MAY terminate the lease nd seek damages.

Question 32

In a residential lease, what are the landlord’s duties?

Answer 32

In residential leases, the landlord has a duty:

1. To repair common areas.
2. The landlord also has a duty to warn the tenant of any latent defects that creates a risk of serious harm that the landlord knows of (or should know of).

Question 33

What are the the landlord’s duties in commercial leases?

Answer 33

In commercial leases, landlords generally DO NOT have a duty to repair, but public authorities may require the landlord to do so in certain instances.

Question 34

Landlord duties:

Answer 34

Duty to mitigate damages