Tenancy

Question 1

What is Tenancy for years (Term of years)?

Answer 1

A tenancy that is for any fixed or computable period of the time

Question 2

What kind of agreement is tenancy for years?

Answer 2

Express

Question 3

When does tenancy for years terminate?

Answer 3

Automatically when the lease is over

Question 4

What is a periodic tenancy?

Answer 4

Continues for successive periods until terminated –Month to month

Question 5

When does periodic tenancy terminate?

Answer 5

Automatically renewed unless terminated- notice not required

Question 6

What is Tenancy at will?

Answer 6

No designated period of duration other than the will of both parties

Question 7

When does tenancy at will terminate?

Answer 7

At will of either party

Question 8

What is tenancy at suffrage?

Answer 8

Tenant originally in a rightful possession under valid lease holds over after his lease expires

Question 9

What is the american rule?

Answer 9

Tenant has to worry about tenant has to worry about taking care of the tenant at suffrage

Question 10

What is English rule (Majority)?

Answer 10

Landlord is responsible for tenant at sufferage

Question 11

Can the new tenant terminate the lease if the landlord removes the tenant at suffrage within a reasonable amount of time?

Answer 11

No

Question 12

If there is a wrongdoer that is acting independently of the landlord does the tenant have an action?

Answer 12

Not unless the landlord is negligent

Question 13

What happened in Smith V McEnany?

Answer 13

The landlord put up a wall on the leased property that encroached on the property that. The tenant claimed breach of the covenant of quiet enjoyment and they stopped paying rent. The court ruled that the landlords physical intrusion did interfere with the tenants use an enjoyment of that part of the property and they should not have to pay rent on the part that was taken from them.

Question 14

What is constructive eviction?

Answer 14

When a landlord interferes with the property, they are not physical exclusions, but they nevertheless substantially interfere with the tenant’s enjoyment of the premises causing the tenant to vacate – It’s so bad that you had to leave

Question 15

What are the elements of constructive eviction?

Answer 15

1. Landlords conduct has interfered with tenants possession
2. Interference was substantial
3. Tenant has give notice to landlord of condition or landlord already knows
4. Tenant abandons premises

Question 16

What is a partial actual eviction?

Answer 16

When the landlord deprives the tenant of physical possession of some part of the leased property, including denial or access to leased premises.

Question 17

What happened in the Echo consulting case?

Answer 17

The bank did a series of renovations and Echo claimed that they breached the lease because there was dust and noise and they were no longer allowed to use the front entrance, but could use the back. Echo claimed constructive eviction. The court ruled that the lease never stated which entrance they could use, they still had one and the construction noise and interference was not permanent and thus not considered a reason for constructive eviction or partial constructive eviction

Question 18

What are the criteria that have to be met before someone can claim constructive eviction?

Answer 18

• Render the premises unfit for occupancy

* Permanently interfere with the tenants beneficial use of enjoyment of the premises

Question 19

what is the breach of covenant of quiet enjoyment?

Answer 19

A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.

Question 20

What happened in the rest realty case?

Answer 20

They leased the bottom floor of the office building and it kept flooding after it rained. The current property manager would help remove the water and would try to fix the situation. He tried to fix the driveway as a remedy, but then he passed away and the flooding got worse. The new landlord ignored their complaints and claimed that they had been aware of the flooding when they signed the new lease. The court claimed that they may have known, but they had signed under the assumption that the problem would be fixed or at least tended to when it did flood. This is considered a BCQE and the doctrine of constructive eviction is a remedy of the tenant

Question 21

What is caveat emptor?

Answer 21

A principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made (Tenant beware)

Question 22

What needs to happen for constructive eviction to be allowed?

Answer 22

Tenant needs to vacate the property

Question 23

What is the 2 policy rationale behind constructive eviction?

Answer 23

1. The tenant should not be expected to know building codes and defects of the property so they should not be the ones to fix it.
2. They want to avoid giving Landlords unfair bargaining power

Question 24

What is a better title?

Answer 24

Someone who holds the mortgage- mortgage company

Question 25

What happened in the Slumlord case?

Answer 25

Landlord and tenant had a verbal agreement to lease the apartment. The tenant was told if she removed the past persons stuff from the apartment then she would get a break on rent. She was also told that if she fixed different things around the apartment he would pay her back. The landlord did nothing, There was sewage backups and plaster falling from the ceiling. The tenant claimed warranty of habitability the court ruled that

Question 26

What is warranty of habitability?

Answer 26

When the value of the leasehold is substantially reduced because of a state of despair of the property

Question 27

Is vacating the property mandatory with warranty of habitability?

Answer 27

No

Question 28

What is the doctrine of caveat lessee?

Answer 28

Tenant took possession of the demised premises irrespective of the state of disrepair. The policy reason behind this was that it used to be farmers who were renting places and hey could fix the damage, now it is unfair to have people take care of their stuff

Question 29

What happens to your claim of constructive eviction if you stay on the property?

Answer 29

You can lose it

Question 30

What does a tenant need to show to prove implied warranty of habitability?

Answer 30

1. The landlord had notice of the previously unknown defect and failed, within a reasonable amount of time, to repair it 2. The defect, affecting habitability, existed during the time for which rent was withheld Once the landlord fixes the breach the tenant has to start paying again

Question 31

What happens if the tenant fixes the breach because landlord takes too long?

Answer 31

The tenant can deduct expense

Question 32

When are punitive damages available?

Answer 32

* Where a breach is of willful and wanton or fraudulent nature * Conduct manifesting personal ill will, or carried out under circumstances of insult or oppression, or even by conduct manifesting reckless or wanton disregard of ones rights.

Question 33

What is the policy rationale behind this?

Answer 33

Punish conduct which is morally culpable and to deter a wrongdoer from repetitions of similar acts. This comes from the middle ages where people would get suck and they didn’t want to spread infectious diseases

Question 34

What are the differences between BCQE and IWOH?

Answer 34

BCQE is residential and you have to abandon the premises ---- IWOH is only residential property and you do not need to abandon the premises and cannot waive the conditions to say you know its bad and not sue the landlord.

Question 35

What are remedies for either?

Answer 35

Withhold rent, repair and deduct from rent or punitive damages for a slumlord

Question 36

What happened in Ernest and Conditt (go cart case)?

Answer 36

Rodgers leased from Ernest a commercial property to have a go cart track. They leased it under terms that they could assign or sublet to someone if they got approval from the lessee. Conditt leased for the remainder of the term, but then stopped paying after 3 months. In the lease it claimed Rogers would be liable- Court ruled that if its an assignment then Rodgers is not liable- if it’s a sublease Rodgers is.

Question 37

Policy in Earnest Conditt case?

Answer 37

What would stop the subleeser from of paying if original leaser was liable?

Question 38

What is an assignment?

Answer 38

When the original leaser assigns the remainder of his lease to someone else. This only applies when it is the entire remainder of the lease, the new tenant is in communication with the landlord – the old tenant does not come back into the lease- the person assigned has privity with the owner

Question 39

What is a sublease?

Answer 39

When someone subleases they can do it for short periods or the whole period. The Original leaser still has interest in the property. Subletor does not have privity with the landowner

Question 40

What are the constructive eviction elements?

Answer 40

1. L’s conduct has interfered with tenant’s possession 2. Interference is substantial 3. T has given notice to L of condition (of L knows already) 4. T Abandons premises

Question 41

What is the distinction between constructive eviction and warranty of habitability?

Answer 41

Cant waive implied warranty of habitability

Question 42

Berg V Wiley (restaurant case)

Answer 42

Wiley leased a building to Berg who assigned it to his sister who ran a restaurant. It was in bad shape and needed to be worked on. Berg didn’t pass heath inspection. - Wiley wrote her a letter telling her she had two weeks to fix it - 2 weeks went by and she did not fix it on the last day of the two weeks she put up a remodeling sign and Wiley saw her changing things on the interior that were part of the structure and she was not supposed to be touching - He changed the locks on her and re-let the property to someone else

Question 43

What is the common law for a landlord taking back his property?

Answer 43

1. The landlord is legally entitled to possession, such as where a tenant holds over after the lease term of where the tenant breaches a lease containing a re-entry clause 2. Landlords means of re-entry are peaceful a. Going behind the persons back and locking them out is not peaceful

Question 44

What is the only lawful means to dispossess a tenant who has not abandoned nor voluntarily surrendered but who claims possession adversely to a landlords breach of a written lease is by?

Answer 44

Resorting to the judicial process

Question 45

Why don’t courts want self-help eviction?

Answer 45

Because it creates no public record so there is no reporting to the credit bureau which will be damaging to the tenants next time

Question 46

Does the self-help rule apply for not-for-profit housing?

Answer 46

Not if the court doesn’t recognize it as landlord tenant relationship

Question 47

Rationale behind the courts not wanting self-help evictions?

Answer 47

Self- help evictions promote violence

Question 48

Sommer v Kridel (Broken engagement):

Answer 48

Man rented an apartment before he was supposed to get married. He didn’t have to pay the first 6 weeks. He made the first payment and then the engagement was called off. He couldn’t pay because the families were going to help. The landlord had a possible tenant to take over, but he didn’t rent to them. - Judge found that justice and fair dealing imposed upon the landlord the duty to attempt to re-let the remises and thereby mitigate damages

Question 49

What is the policy behind Sommer v Kridel?

Answer 49

There is no reason in equity or justice to perpetuate such an unrealistic and uneconomic rule of law which encourages an owner to let valuable rented space lie fallow because he is assured of full recovery from a defaulting tenant