Real Property -CHAPTER 14: LANDLORD AND TENANT—TORT LIABILITY & TRANSFERS

Question 1

What are the responsabilities under tort liability?

Answer 1

Tenant has a duty of care to invitees, licensees and trespassers
Landlord has liability to invitees, licensees and foreseeable trespassers.

Question 2

What are the landlord’s sources of responsibility under common law?

Answer 2

1) latent (hidden) defects which the tenant has not been warned.
2) repairs completed negligently
3) negligence that causes injuries in common areas of the property.

Question 3

Who are the parties to a transfer in a lease?

Answer 3

1) Landlord is the transferor ( creates the leasehold)
2) tenant: transferee/transferor
3) subsequent tenant:

Question 4

How can we determine if it is an assignment or sublease?

Answer 4

1- assignment is the complete transfer of the tenant’s remaining term.
2) sublease is a transfer for less than the entire duration of the lease.

Follow the all (assignment) or less than all (sublease) rule.

Also: if the tenant retains a reversionary interest in the leasehold, then the transfer is a sublease.

Question 5

Can a landlord transfer the property to another person?

Answer 5

Yes. He doesn’t have to ask permission to the tenant to sell or transfer property.
The new landlord is bound to the terms of the current lease. If he wants to make changes he needs to ask the tenant for consent.

Question 6

Do I need permission to sublease?

Answer 6

It depends.
If the lease is silent about subleasing, then tenant can sublease.
If the lease requires permission then:
Majority rule says that landlord may only deny permission for commercially reasonable reasons

minority rule says landlord can deny permission at her discretion.