Tenancies and Possession

Question 1

What are the 4 types of non-freehold estates?

Answer 1

1. periodic tenancy
2. tenancy at will
3. tenancy at sufferance
4. term of years

Question 2

what is a term of years tenancy

Answer 2

1. a tenancy that is fixed for a certain number of years.
2. it is automatically terminated at the end of the term of years and landlord takes possession.

Question 3

Periodic Tenancy

Answer 3

A periodic tenancy is a tenancy that renews at a set amount of time.

It is automatically renewed for successive periods unless landlord or tenant give advanced notice atleast equal to the length of the tenancy

Question 4

Periodic tenancy

Answer 4

For term of years, there must be an advance notice given for the length of the tenancy.

Month to month = month notice e

year year –> 6 months

Question 5

Tenancy at will

Answer 5

Tenancy at will is when the tenant as long as the tenant and landlord please (can arise through implication, and not through any express thing)

Notice: notice must be given and must be equal to the time between rent payments.

Death,abandonment, sale and Tenancy at will: tenancy at will automatically terminates when either the tenant or the landlord dies, or tenant abandons, or landlord sells the property

If tenancy at will can be ended by lessee, It can also be ended by lessor.

Question 6

Tenancy at sufferance

Answer 6

when a tenant stays beyond the prescribed time in the lease (rightful pose. at this time they become the holdover tenant

The landlord can either evict the tenant, or renew their lease

Question 7

What is a lease? :

Answer 7

When the right of possession has been transferred to someone else

Question 8

What is the lease SoF

Answer 8

The SoF for leases is that any time period for more than one year must be in writing.

SoF –> parties, property duration, and rent, and must be signed by the opposite side.

Question 9

Delivery of Physical Possession Rule

Answer 9

If the landlord fails to remove a third person in the property when the rightful lessee arrives for rightful possession, then the tenant may terminate the lease of the landlord does not take property steps to timely remove the tenant

Question 10

What is constructive eviction?

Answer 10

Conduct other than actual eviction. circumstances that substantially interfere with the tenant’s possession that they may be functionally equivalent to

wrongful conduct by landlord that substantially interferes with lessee’s possession of the property –> the tenant can vacate premises and vacate.

Question 11

Wrongful conduct

Answer 11

1. fails to make repairs
2. fails to do lease obligations
3. fails to perform statutory obligations
4. fails to maintain common area
5. allows nuisance-like behavior

Question 12

Procedural Requirement:

Answer 12

a tenant seeking to rely on constructive eviction must
1. notify the landlord of the conduct that is substantial interfering with possession
2. must give adequate time for the landlord to fix the issue
3. vacate the premises

tenant is not required to vacate right away but must vacate by a reasonable time

Question 13

3rd parties rule

Answer 13

tenant cannot complain that the landlord constructively evicted him and breached a covenant of quiet enjoyment, express or implied, when the eviction results from the actions of third parties acting WITHOUT the landlord’s authority or permission

Question 14

Duty to Repair

Answer 14

by judicial opinion and statute, states have modified traditional duty to repair to impose a duty on the landlord to ensure the premises meet basic health and safety standards (warranty of habitability)

Question 15

Implied Warranty of Habitability

Answer 15

requires that the landlord maintain bare living requirements that the premises are fit for human occupation
 EX: failure to supply heat or hot water
o NOT a breach to have minor deficiencies (malfunction of blinds, minor water leaks or wall cracks, need for paint)
o States differ on standards  some define it by building and housing codes, other endorse general tests such as clean, safe, fit for human habitation
o MODERN TREND  blend both approaches

o Role of Local Regulations: substantial compliance with building housing code standards will generally serve as evidence of the fulfillment of landlord’s duty to provide habitable premises

most courts hold that any waiver of warranty in the lease is INVALID as against public policy

o Procedural Requirements: (1) Tenant must notify landlord of defects, (2) must allow reasonable time for landlord to make repairs, and (3) tenant MAY vacate BUT is not required to do so

Question 16

Remedies for failure to follow implied rule of habitability

Answer 16

o REMEDIES: once landlord has breached his duty to provide habitable conditions, tenant can treat the duty to pay rent in at least two ways:
 Tenant continues to pay full rent during the period of inhabitability then can bring an affirmative action to establish breach and receive reimbursement of excess rents paid
 Tenant may withhold rent, depriving landlord of rent due during default and motivating him to make repairs
 Tenant may withhold rent and use funds to repair the defects

Question 17

Damages and Special Damages Rule:

Answer 17

 Fair rental value of premises as warranted MINUS fair rental value in unrepaired condition
 Contract rent MINUS fair rental value of premises in unrepaired condition
 Percentage by which tenant’s use and enjoyment of premises has been reduced by the uninhabitable conditions

Special damages: may be recovered when, as a foreseeable result of landlord’s breach, tenant suffers personal injury, property damages, relocation expenses, or other similar injuries