REAL PROP - LANDLORD TENANT

Question 1

What is a leasehold?

Answer 1

estate in land

tenant has present possessory interest

landlord had future interest (reversion)

Question 2

what is a tenancy for years and how is it created?

Answer 2

• = a tenancy for a fixed period of time
• created by written lease (unless for a time period of less than one year - SoF)

Question 3

how is tenancy for years terminated?

Answer 3

1. Automatically terminates at termination date
2. Tenant the victim of family abuse, sex abuse, sex assault
   
   • can terminate any residential lease with 30 days notice
     
     • **** a VA RULE
3. Breach of Covenant
   
   • landlord reserves right of entry
   • allows landlord to terminate lease if tenant breaches a lease covenant
4. Failure to pay rent
   
   • allows landlord to terminate lease
   • even if landlord did not expressly reserve a right of entry
5. Surrender
   
   • tenant surrenders tenancy and landlord accepts
   • requires same formalities as creation of the leasehold
   • if unexpired term more than 1 yr must be in writing

Question 4

what is a periodic tenancy?

Answer 4

continues for successive periods (e.g. month to month) until terminated by proper notice by either party.

Question 5

how is periodic tenancy created?

Answer 5

1. express agreement
   
   • L leases to T from month to month
2. implication
   
   • L leases to T at rent of $1000 payable monthly
3. operation of law
   
   • T remains in possession after lease expires and L treats it as periodic tenancy
   • OR lease invalid but T takes possessio

*

Question 6

how is periodic tenancy terminated?

Answer 6

• auto renewed until propert notice of termination given
• notice must be a full period in advance
• and timed to terminate at end of a period
• but for yr to yr lease
  
  • 6 mo notice reqd at common law
  • 3 mo notice in VA

Question 7

what is a tenancy at will

Answer 7

a tenancy terminable at will of either L or T

Question 8

how is tenancy at will created?

Answer 8

• by express agreement that lease can be terminated at any time
  
  • absent such agreement + periodic rent payments
    
    • = periodic tenancy
• if lease gives only L right to terminate
  
  • similar right implied in favor or T
• if lease gives only T right to terminate
  
  • similar right NOT implied in favor of L

Question 9

how is tenancy at will terminated?

Answer 9

• most states = notice within reasonable time required
• some states = no notice required
• termination by operation of law
  
  • if waste committed
  • death of a party

Question 10

when does tenancy at sufferance arise and how is it terminated?

Answer 10

• CREATION:
  
  • tenant wrongfully remains in possesion after expiration of lawful tenancy
• TERMINATION:
  
  • when L terminates T
    
    • no notice of termination required
  • or L decides to treat T as a periodic tenant

Question 11

what is the hold-over doctrine in a tenancy at sufferance?

Answer 11

• If tenant continues in possession after lawful tenancy ends, L can:
  
  • (i) evict T, or
  • (ii) bind T to a new periodic tenancy

Question 12

what are the terms of the tenancy under the hold-over doctrine?

Answer 12

• generally terms and conditions of expired tenancy govern new one
  
  • Commercial tenants held to a new year-to-year tenancy if original lease term 1 year or more
  • held to periodic term based on rent payments if original term for less than one year
• ​Residential tenants held to new month-to-month tenancy regardless of original term
• if L notifies T before lease expires that rent after termination increased
  
  • T who holds over held to acquiesce to new terms (even if T objects)

Question 13

what are the excetions to the hold-over doctrine?

Answer 13

• L cant bind T to a new lease where:
• (i) tenant remains in possession for only few hours after termination
• (ii) tenant leaves a few articles of personal property,
• (iii) delay not tenant’s fault (e.g., severe illness), or
• (iv) it is a seasonal lease

Question 14

when is a party excused from performance under a lease?

Answer 14

• T excused under:
  
  • implied warranty of habitability
  • actual and constructive eviction
  • L’s breach of material part of the lease
• L excused under:
  
  • T’s breach of material part of the lease
  • nonpayment of rent

Question 15

what are tenants duties under a least?

Answer 15

1. duty to repair (implied + any convenants to repair)
2. duty not to commit waste
3. duty not to use premises or illegal purposes
4. duty to pay rent

Question 16

T cannot commit waste on leased premises, what are the waste rules governing leases?

Answer 16

• T cant commit:
  
  • voluntary waste
    
    • T intentionally or negligently damages premises
    • or exploits minerals on property
  • permissive waste
    
    • T fails to make ordinary repairs (excluding wear and tear)
      
      • if T shifts duty to make ordinary repairs to L - has duty to report deficiencies promptly
  • ameliorative waste
    
    • T cant alter leased property, thereby incr. value
      
      • T liable for cost of restoration
      • EXCEPTION:
        
        • T can make change if he long term T and change reflects changes in neighborhood

Question 17

what happens if leased premises destroyed w/out fault of L or T?

Answer 17

• neither party has duty to restore (unless lease indicates otherwise)
• T has duty to continue paying rent
  
  • must most states give T option to terminate lease
  • even if lease has covenant to repair

Question 18

what happens if residental T covenants to repair?

Answer 18

• L still obligated to repair
  
  • due to unwaivable warranty of habitability
  • doesnt apply to damages caused by T

Question 19

what happens if nonresidential T covenants to repair?

Answer 19

• covenant enforceable
• L can be awarded damages for breach based on state of premise when lease terminates
• T though usually not liable to rebuild after structural damage or casualty destruction
  
  • unless covenant expressly indicates so
• if no reference to wear and tear in covenant to repair
  
  • treated as including wear and tear

Question 20

what are Ls remedies if T uses premises for illegal purpose?

Answer 20

• may terminate lease; or
• sue for injunction and damages
  
  • occasional unlawful conduct doesnt breach Ts duty

Question 21

if lease terminate for failure to pay rent, how much does T owe for the term (e.g. if lease terminated in the middle of the month)

Answer 21

• amt proportional to the amount of the term he remained on the property

Question 22

what are the rules with respect to lease rent deposits?

Answer 22

• L cant keep deposit beyond damages suffered
• rent deposit called “bonus” = security deposit
• T can sue L for statutory and punitive dams for impropery refusal to return deposit (no matter what lease says)
• in VA - cant require security deposit of more than 2mo rent
• landlord has 45 days after termination of tenancy and delivery of possession
  
  • to return deposit, less deductions, plus interest

Question 23

what is Ls remedy if T stays on premises and fails to pay rent?

Answer 23

• L can evict T under unlawful detainer statute
  
  • unlawful detainer proceeding
    
    • = only to determine if T has right to possession
    • T cant raise counterclaims
      
      • IN VA - unlawful detainer action must be brought within 3 years of unlawful detainer
• OR L can sue T for rent
• some states let L assert lien on personal property found on premises

Question 24

what are Ls remedys/obligations if T abandons property?

Answer 24

• majority view: L must mitigate dams by seeking to relet
  
  • if L relets or reposseses, T’s liability depends on whether L accepts Ts surrender
    
    • if NO - T liable for diff btwn promised rent and FMV of property/rent from reletting
    • if YES - T not liable for rent after abandonment
      
      • Ls resumption of property for herself = presumed acceptance of surrender
      • attempt to relet alone - not assumption of acceptance

Question 25

what are L’s duties under a lease?

Answer 25

• duty to deliver possession of premises
• quiet enjoyment
  
  • no actual, partial, construction eviction
• implied warranty of habitability
• no retalitory eviction
• no discrimination

Question 26

when is L in breach of duty to deliver possession of premises?

Answer 26

• if L has not evicted hold-over tenant by beginning of lease term

Question 27

what is the implied covenant of quiet enjoyment in a lease?

Answer 27

• landlord nor paramount title holder (e.g. prior mortgagee who forecloses) will interfere with tenant’s quiet enjoyment and possession of premises
• can be breached by:
  
  • actual conviction
  • partial conviction
  • constructive conviction

Question 28

what is actual conviction in a leasehold?

Answer 28

• when landlord, paramount title holder, or hold-over tenant excludes tenant from ENTIRE leased premises.
• terminates thetenant’s obligation to pay rent.

Question 29

what is partial eviction?

Answer 29

• T physically excluded from ONLY PART of leased premises
• Partial eviction by LANDLORD
  
  • relieves T of obligation to pay rent for ENTIRE premises
    
    • even tho T remains in possession
• Partial eviction by 3rd PERSON with paramount title
  
  • T liable for reasonable rental value of portion T continues to possess

Question 30

what is constructive eviction?

Answer 30

• Ls breach of duty renders premises unsuitable for occupancy
• T must show:
  
  • L breached duty to T
  • breach substantially and materially deprived T of use and enjoyment of premises
    
    • e.g. flooding, loss of heat in winter, no elevator in warehouse
• T gave L notice and reasonable time to repair; and
• after reasonable time, T VACATED PREMISES
• if all above shown - T can terminate lease and seek dams - if not all above shown - cant terminate and cant withold rent

Question 31

what is implied warranty of habitability

Answer 31

• L must uphold local housing codes
• warranty tied to RESIDENTIAL leases
• UNWAIVABLE

Question 32

what are Ts remedies if L breaches warranty of habitability

Answer 32

1. Can terminate lease
2. make repairs and offset cost against future rent
3. abate rent to amount equal to FMV in view of defects; or
4. remain in possession, pay full rent, sue for damages

Question 33

what is rule for retalitory eviction?

Answer 33

• L cant terminate lease or penalize T for T reporting housing or building code violations
• retaliation presumed if L acts within 90-180 days after Ts reporting
  
  • L must show nonretaliatory reason to overcome presumption

Question 34

what are landlord rules against discrimination?

Answer 34

• civil right act
  
  • bars racial and ethnic discrim
• fair housing act
  
  • bars discrim against fams with children (except in senior housing), ethnicity, religion, national origin, gender, disability
• doesnt apply to owner occupied apartments with less than 5 units
• doesnt apply to religious organziation private clubs

Question 35

what are Ls duties to disabled tenants under fair housing act/

Answer 35

• must permit them to make resonable modifications to existing premises to accomodate disabil at Ts expense
• must afford disabled person equal opportunity to use dwelling

Question 36

what are tenant transfers called?

Answer 36

• assignment
  
  • transfer of entire remaining term
• sublease
  
  • transfer of only part of remaining term
    
    • other than right to reenter upon breach

Question 37

what are consequences of assignment?

Answer 37

• assignee and L in privity of estate
  
  • each liable to other on all covenants in lease that run with land
• covenants run with land
  
  • if parties intend
  • and covenants touch and convern the land
    
    • benefits L, burdens T, or vice versa
• rent covenants
  
  • run with land
  • assignee owes rent directly to L
  • if assignment terminated - assignee has no liability to L
• original T remains in privity of K with L
  
  • remains liable on K obligation to pay rent (and all other covenants that run with land)

Question 38

consequences of sublease?

Answer 38

• sublesses not personally liable to L for rent or any covenants in lease
  
  • unless sublessee expressly assumes the covenants
• T is only one personally liable to L
• cannot enforce any covenants in lease against L
  
  • but may be able to enforce implied warranty of habitability if it is residenatial lease

Question 39

• what is sublessee fails to pay rent?

Answer 39

• if sublessee fails to pay rent
• and L doesnt receive rent from original T
  
  • L can terminate lease
  • sublease auto terminates with main lease

Question 40

what is the effect of a covenant against assignment or sublease

Answer 40

• strictly construed
  
  • such covenants strictly construed against L
  • covenant prohib sublease doesnt prohib assignment, vice versa
• waiver
  
  • covenants against assignment waived if L aware of assignemnt and doesnt object (e.g. byknowlingly accepts rent from assignee)
    
    • this also waives future transfers
    • unless L expressly reserves the covenant
• a transfer in violation of covenant
  
  • not void
  • but L can terminate lease or sue for dams

Question 41

what is effect of assignment by landlord?

Answer 41

• Ts consent not required
• all lease covenants that touch and concern land run with land to new owner
  
  • new owner liable on all such covenants
  • L also remains liable on all such covenants
    
    • T can sue L or new owner to enforce

Question 42

what is effect of condemnation of leasehold?

Answer 42

• if entire leasehold taken by eminent domain
  
  • Ts liability for rent extinguished
  • lessee entitled to compenstation
• if taking temporary or partial
  
  • T not discharged from rent payment
  • but entitled to compenstation (share of the condemnation proceeds)

Question 43

what are Ls issues under tort law?

Answer 43

• concealed dangerous conditions
• duty to maintain common areas
• public use duty
• furnished-short term residence duties
• negligent repairs
• L contracts to repair

Question 44

what is Ls duty with respect to a concealed dangerous condition?

Answer 44

• If, at time lease entered, L knows or should know of dangerous condition that T could not discover by reasonable inspection
  
  • L must disclose (not repair) it
• if not L liable for injuries resulting from condition
• If T accepts premises after disclosure
  
  • T assumes risk for herself and others

Question 45

what are special VA tort law duties of L in a leasehold with respect to mold?

Answer 45

• L must make written disclosure of whether theres any visible evidence of mold in dwelling
  
  • if written disclosure says theres no evidence of mold
  • this is deemed correct unless T objects within 5 days
  • if T objects in allotted time- L has 5 days to remediate
  • f remediation would harm Ts
    
    • L may keep Ts out of house for 30 days to do remediation
    • must provide comparable place for T
• no need to disclose past cases of mold to Ts if its been remediated

Question 46

what is Ls standard of duty in maintaining common areas?

Answer 46

• reasonable care
• ex of common areas:
  
  • stairwell
  • halls
  • elevators

Question 47

when is L liable for injuries to members of public?

Answer 47

• if at time of lease, L:
  
  • Knows (or should know) of a dangerous condition on premises
  • L has reason to believe T may admit public before repairing condition; and
  • L fails to repair it

Question 48

what is L duty when he rents a fully furnished premises for a short period (eg. the summer)?

Answer 48

• liable for injuries resulting from any defect
• whether or not L knew of defect

Question 49

• what are Ls duties with respect to negligent repairs?

Answer 49

• even if L has no duty to make repairs
  
  • if L attempts repair:
    
    • L liable for any injuries resulting from repairs:
      
      • done negligently
      • or giving deceptive appearance of safety

Question 50

what is Ls tort duties with respect to covenants to repair?

Answer 50

• if L covenants to repair
  
  • L liable for injuries resulting from failure to repair
  • or negligent repair

Question 51

• what is modern trend with respect to L duties toward residential Ts?

Answer 51

• L has duty of reasonable care toward residential Ts
• liable for injuries resulting from Ls ordinary negligence
  
  • if L had notice of defect
  • and opportunity to repair it

Question 52

what is Ls duties with respect to defects arising after tenant takes possession?

Answer 52

under modern trend - can be liable of L knew or should have known of them

Question 53

what are Ls duties with respect to injuries to tenants inflicted by 3rd party criminals?

Answer 53

• L can be held liable of L failed to comply with housing codes dealing ith security
• or failed to maintain ordinary security measures
• or advertised extraordinary security measures
  
  • e.g. surveillance cameras