Ch 14: Landlord & Tenant - Tort Liability & Transfers

Question 1

The tenant owes a duty of ?

Answer 1

care (extends to invitees, licensees, and foreseeable trespassers)

Question 2

The landlord’s liability to invitees, licensees, and foreseeable trespassers under common law is:

Answer 2

• Responsible in negligence for latent (hidden) defects that tenant should have been made aware of
• Responsible for faulty repairs completed by the landlord (or landlord’s agent) negligently
• Responsible for negligence that causes injuries in common areas of the property

Question 3

Modern trend for landlord’s liability

Answer 3

Landlords have a general duty of reasonable care

Question 4

Who are the 3 parties in transfers

Answer 4

• Landlord (transferor)
• Tenant (Can be either transferee or transferor)
• Subsequent tenant (transferee)

Question 5

Assignment

Answer 5

A complete transfer of the tenants remaining term

Question 6

Sublease

Answer 6

Transfer for less than the entire duration of the lease

Question 7

In an assignment, the landlord can collect rent from:

Answer 7

• The tenant (b/c of privity of contract) or
• The subsequent tenant (b/c of privity of estate)

Question 8

In a sublease, the landlord can collect rent from:

Answer 8

• The tenant (b/c of privity of contract and estate)

Question 9

Larry rents a studio apt to Tara and the lease ends on Aug 14. Tara decides to move for the summer so she transfers her lease to Theresa. Tara will take possession from Theresa on Aug 1. Larry doesn’t receive rent during the summer months. Can he try to get rent from Theresa?

Answer 9

No, b/c they are not in privity. He can only collect rent from Tara.

Question 10

Silent lease

Answer 10

If the lease is silent on the issue of permission, a tenant may assign or sublet freely.

Question 11

If the lease requires the landlords permission to transfer, but is silent as to the standard, then:

Answer 11

• Majority rule: landlord may deny permission only for a commercially reasonable reason
• Minority rule: landlord may deny permission at her discretion

Question 12

Transferring a landlord’s interest (Permission)

Answer 12

A landlord does not need the tenants permission before transferring their interest, but the new landlord is bound by the terms of the existing lease