Ch 11: Landlord & Tenant - The Tenancies

Question 1

Lease

Answer 1

Creates both a contract interest and a property interest

Question 2

4 types of estates that can govern the landlord-tenant relationship

Answer 2

• Tenancy for years
• Periodic tenancy
• Tenancy at will
• Tenancy at sufferance

Question 3

Tenancy for years

Answer 3

Measured by a fixed and ascertainable amount of time (any time- doesn’t have to be years)

Question 4

What is required to create a tenancy for years?

Answer 4

An agreement by the landlord and the tenant

Question 5

If the term in a tenancy for years is longer than one year, then what applies?

Answer 5

Statue of frauds (and therefore it must be signed and be in writing)

Question 6

How is a tenancy for years terminated?

Answer 6

At the end of the term, termination occurs automatically upon the expiration of the term

Question 7

Is notice required to terminate a tenancy for years?

Answer 7

No, unless the lease requires it.

Question 8

How can a tenancy for years be terminated before the term is over?

Answer 8

• Tenant surrenders the lease
• Tenant or the landlord commits a material breach of the lease (ex. tenant fails to pay rent)

Question 9

Periodic Tenancy

Answer 9

Estate that is repetitive and ongoing for a set period of time (ex. month to month; year to year)

Question 10

Periodic tenancy renew when?

Answer 10

they renew automatically at the end of each period until one party gives proper notice of termination

Question 11

How is a periodic tenancy created?

Answer 11

Parties must intent to create a periodic tenancy (intent can be express or implied)

Question 12

Larry & Tara did not execute a formal lease agreement. Every month, however, Tara pays rent and Larry accepts the payment. This will create a ?

Answer 12

Periodic tenancy by implication

Question 13

How is a periodic tenancy terminated?

Answer 13

Renews automatically until proper notice is given

Question 14

What is the new approach for termination of a periodic tenancy?

Answer 14

Shorter notice requirements; many states have lowered to a months notice rather than at least 6 months

Question 15

Proper notice in a periodic tenancy means the terminating party gives notice before the _______ of what will be the ______ term.

Answer 15

start; last

Question 16

Notice in a periodic tenancy is effective on the _____ day of the period

Answer 16

last day

Question 17

Larry leased Blackacre to Tara on a month to month basis. Tara gives notice of termination on Feb.15. When is the termination effective?

Answer 17

March 31 (at the end of the next month)

Question 18

Tenancy at will

Answer 18

May be terminated by either landlord or tenant at any time, for any reason

Question 19

How is a tenancy at will created

Answer 19

Can be created by express agreement or by implication

Question 20

Tenancy at will can be terminated by either party without ?

Answer 20

notice

Question 21

If a tenancy at will agreement gives only the landlord the right to terminate at will, the tenant also gets?

Answer 21

the right to terminate by implication

Question 22

If a tenancy at will agreement gives only the tenant the right to terminate the will, the landlord gets?

Answer 22

gets nothing; they dont get the right to terminate the will

Question 23

If the landlord or tenant dies in a tenancy at will, does that terminate the tenancy at will?

Answer 23

Yes (but this is not true for tenancy for years or periodic tenancy)

Question 24

Tenancy at Sufferance

Answer 24

Created when a tenant holds over after the lease has ended

Question 25

Tenancy at Sufferance is a temporary tenancy that exists before the landlord either ______ or ______

Answer 25

evicts the prior tenant or re-rents the property to the tenant

Question 26

What does the tenant owe the landlord in a tenancy by sufferance?

Answer 26

owes the landlord reasonable value of her daily use, as well as reasonably foreseeable special damages

Question 27

How does one create a tenancy at sufferance?

Answer 27

Created by actions of the tenant alone (unlike tenancy at will that is created by an agreement b/w the landlord and the tenant)

Question 28

What are the three ways to terminate a tenancy at sufferance?

Answer 28

- Tenant voluntarily leaves - The landlord evicts the tenant - The landlord re-rents to the tenant