leasehold estates

Question 1

leasehold estate

Answer 1

an estate in which the tenant has a present possessory property interest and the landlord has a future interest (reversion)

Question 2

types of leasehold estates

Answer 2

1) tenancy for years
2) periodic tenancy
3) tenancy at will
4) tenancy at sufferance

Question 3

tenancy for years

Answer 3

lasts for a fixed period of time; terminates automatically at end of fixed period

Question 4

periodic tenancy

Answer 4

leasehold that is continuous for successive intervals (e.g. weeks or months) until other party gives notice of termination

Question 5

creation of periodic tenancy

Answer 5

1) express
2) implied
3) operation of law (either tenant takes possession despite invalid lease or if landlord accepts rent from a holdover tenant)

Question 6

termination of periodic tenancy

Answer 6

tenant must give proper notice, which requires sufficient time (one full period in advance) and effective date

parties can agree to modify these requirements

Question 7

tenancy at will

Answer 7

tenancy with no fixed duration, terminable by either party at any time w/o notice

created by express agreement

Question 8

termination of tenancy at wil

Answer 8

1) by will
2) by operation of law (death, waste by tenant, assignment by tenant, transfer of title by LL, lease by LL to a third party)

Question 9

tenancy at sufferance

Answer 9

default tenancy that arises when a tenant continues to possess property after the lease expires (i.e., a holdover tenant)

Question 10

landlord options for tenancy at sufferance

Answer 10

1) sue to evict
2) impose a new periodic tenancy (must be reasonable)

Question 11

tenant duties at common law

Answer 11

1) duty to repair; must not commit waste
2) duty to pay rent
3) duty to not use property for illegal purposes
4) liability to third parties in tort

Question 12

fixture

Answer 12

once-movable chattel that is affixed to real property such that it becomes part of the realty

intent controls; chattel integrated into a structure almost always becomes a fixture

Question 13

tenant removal of fixtures

Answer 13

tenant may remove chattel she installed if:
1) removal occurs before lease expires, and
2) removal does not cause substantial harm to the property

Question 14

landlord remedies for tenant breach if tenant retains possession

Answer 14

LL may:
1) file for notice of eviction, or
2) continue the lease and sue for rent due

Question 15

landlord remedies for tenant breach if tenant abandons premises

Answer 15

LL may:
1) surrender and release tenant from lease
2) ignore (minority rule) and hold tenant liable for unpaid rent
3) re-let (majority rule); lease premises to new tenants and hold breaching tenant liable for any losses

Question 16

landlord duties and warranties

Answer 16

1) duty to deliver possession on first day of lease (majority = actual possession; minority = legal possession)
2) implied covenant of quiet enjoyment
3) implied warranty of habitability (residential only)
4) tort liability

Question 17

implied covenant of quiet enjoyment

Answer 17

a tenant has an implied right to quiet use and enjoyment of the premises, without interference from LL

breach may occur by actual or constructive eviction

Question 18

actual eviction

Answer 18

LL wrongfully evicts or excludes tenant from property

Question 19

constructive eviction elements

Answer 19

1) breach of duty
2) substantial interference
3) notice
4) vacate

Question 20

implied warranty of habitability

Answer 20

property must be fit for basic human dwelling

residential property ONLY; cannot be modified by lease terms

Question 21

breach of implied warranty of habitability - tenant remedies

Answer 21

after giving notice to LL, tenant can:
1) move
2) repair and deduct costs from future rent
3) reduce/withhold rent
4) remain in possession and seek $$$ damages

Question 22

landlord tort liability

Answer 22

1) common areas - reasonable care
2) latent defects - duty to disclose
3) assumption of repairs - negligence
4) public use - liable for known defects
5) seasonable or short term lease of furnished dwelling

Question 23

assignment

Answer 23

entire leasehold transfers from tenant to assignee

assignee owes rent directly to LL, but assignor remains liable for unpaid rent unless LL expressly releases tenant

Question 24

sublease

Answer 24

partial leasehold transfers from sublessor to sublessee; sublessee is not liable to LL for rent and is not bound by any lease covenants unless expressly assumed