Real Property

Question 1

Duty to Deliver Possession

Answer 1

A landlord has a duty to deliver both legal and actual possession of leased premises at the start of the lease term. Legal possession ensures the tenant’s right to exclusive use, while actual possession requires that the tenant be able to physically occupy the premises. Failure to deliver possession constitutes a breach of this duty, entitling the tenant to damages.

Question 2

Implied Covenant of Quiet Enjoyment

Answer 2

The implied covenant of quiet enjoyment guarantees a tenant’s right to undisturbed use and enjoyment of the premises. A landlord breaches this covenant by substantially interfering with the tenant’s ability to use the property for its intended purpose. A tenant may terminate the lease if the interference constitutes constructive eviction.

Question 3

Promissory estoppel

Answer 3

Promissory estoppel applies when (1) a clear promise is made, (2) the promisee reasonably relies on the promise to their detriment, and (3) enforcement is necessary to avoid injustice.

Question 4

Unjust Enrichment

Answer 4

Unjust enrichment occurs when one party unfairly benefits at another’s expense and retains those benefits under circumstances where it would be inequitable to do so.

Question 5

Breach of Lease Agreement

Answer 5

A lease agreement is breached when a party fails to fulfill their obligations under its terms. The landlord must ensure the premises are delivered in a condition suitable for the tenant’s intended use and free from substantial interference.

Question 6

Constructive Eviction

Answer 6

Constructive eviction occurs when a landlord’s actions or inactions render the premises unfit for the tenant’s intended use, and the tenant vacates promptly.

Question 7

Holdover Tenant Liability

Answer 7

A holdover tenant is a tenant who remains in possession of the premises after their lease term has expired without the landlord’s consent. A holdover tenant may be liable for damages caused by their continued occupation, including the costs incurred by the incoming tenant who is unable to take possession.

Question 8

Ejectment

Answer 8

Ejectment is a remedy used to regain possession of property from a party unlawfully occupying it. A tenant may pursue ejectment against a holdover tenant if the landlord fails to remove them

Question 9

Landlord Claim for Unpaid Rent

Answer 9

A landlord may recover unpaid rent from a tenant under the lease agreement, provided that the tenant’s obligation to pay rent has not been excused by the landlord’s breach, constructive eviction, or termination of the lease.

Question 10

Landlord Claim for Breach

Answer 10

A landlord may claim damages for breach of a lease if the tenant abandons the premises without justification or fails to fulfill their obligations under the lease terms.

Question 11

Tenant Duty to Mitigate

Answer 11

A tenant has a duty to mitigate damages by taking reasonable steps to minimize losses resulting from a landlord’s breach. A tenant who fails to pursue alternative remedies or negotiate adjustments may be liable for avoidable damages.