Landlord-Tenant

Question 1

Tenancy for a term of years

Answer 1

Terminates on a definitive date, there must be a definitive start and end date. -Lease will remain in place if either landlord or tenant dies, and not subject to Rule against perpetuities.

Question 2

Periodic Tenancy

Answer 2

Continues successively for equal periods, UNLESS one party notifies the other of the intention to terminate.
-Often has a beginning date but not an end.
-Created by express language in a lease
-Landlord OR tenant can terminate but must give notice (1yr+ = 6 months notice, 2 month lease=2month notice.)

Question 3

Tenancy at Will

Answer 3

Leasehold does not have a fixed period term.
- Only lasts until one party informs the other the lease is terminated.
- Both parties have the right to walk away from the relationship and it can happen at any time.
- This terminates upon the death of one of the parties.

Question 4

Tenancy at Sufferance + Holdover Tenancy

Answer 4

When a tenant remains in the premises after the term has expired.
- This “hold over” has consequences.
ex: Election: an irrevocable choice that binds a party’s rights.
- Landlord can either a) treat the holdover tenant as a trespasser or b) treat as a tenant under a new lease.