Real Property - February 2013

Question 1

What is a Tenancy for Years?

Answer 1

Lasts for a fixed period of time

A tenancy for years is a lease that has a specified beginning and end date.

Question 2

Can a tenant terminate a Tenancy for Years before the end of the term?

Answer 2

Typically a tenant cannot terminate a tenancy for years early unless constructive eviction or another exception applies

Constructive eviction occurs when a tenant is forced to leave due to the landlord’s actions.

Question 3

What right does a landlord have if a tenant terminates the lease early?

Answer 3

The landlord has the right to accept the surrender of the lease and premises

Retaining keys is insufficient for termination.

Question 4

What must a tenant show for a claim of Constructive Eviction?

Answer 4

• The landlord breached a duty to the tenant,
• The landlord’s breach caused a loss to substantial use and enjoyment of the premises.
• Landlord failed to remedy the condition in a reasonable time after notice was given, and
• Tenant vacated the premises

Question 5

What are the requirements for a tenant to claim Constructive Eviction?

Answer 5

• The landlord breached a duty to the tenant
• The breach caused a loss of substantial use and enjoyment
• Tenant gave notice of the condition
• Landlord failed to remedy the condition in a reasonable time
• Tenant vacated the premises

Question 6

In commercial leases, do landlords have a duty to repair?

Answer 6

Unless specified in the lease, landlords do not have a duty to repair

Public authorities may require landlords to repair in certain circumstances.

Question 7

Under common law, what is a landlord’s duty regarding mitigating damages?

Answer 7

A landlord has no duty to mitigate damages by re-letting the premises

This means the landlord is not required to find a new tenant.

Question 8

When can a landlord recover rent under common law?

Answer 8

Could not recover rent until that rent was overdue

Question 9

What is the majority view on damages in the event of teanant’s early termination?

Answer 9

The court will award damages to the Landlord.

The measure of damages is the present value of the lease minus the fair market value over the remaining term.

Question 10

What is the measure of damages for early termination of a lease?

Answer 10

The present value of the lease minus the fair market value over the remaining term