Co-tenancy & Landlord-Tenant

Question 1

Joint Tenancy

Answer 1

Distinguishing Feature: Right of survivorship

Alienable? Yes
Descendible? No
Devisable? No

Created By: The Four Unities (TTIP)
-Same time
-Same title
-Identical interests
-Right to possess the whole

Terminated By: Sale and Partition (SAP)
-One joint tenant sells or transfers interest
-Partition of the land (either by agreement or court order; either divvy up or sell and share proceeds)

Lien only terminates in title theory states.

Question 2

Tenancy by the Entirety

Answer 2

Distinguishing Feature: Between married partners

Alienable? No
Descendible? No
Devisable? No

Created By: Presumption in any conveyance to a married couple

Terminated By: Death, divorce, agreement, or execution by a joint creditor

Question 3

Tenancy in Common

Answer 3

Distinguishing Feature: Can own in unequal parts

Alienable? Yes
Descendible? Yes
Devisable? Yes

Created By: Default

Terminated By: Partition

Question 4

Rights of Co-Tenants

Answer 4

-Possess all portions of the property
-Don’t need to pay absent co-tenants
-Receive fair share of rental income if one co-tenant leases to a third party
-Can make unilateral improvements, but you assume the financial risk/rewards on your own

Question 5

Duties of Co-Tenants

Answer 5

-Not wrongfully exclude another co-tenant from possession of the whole or any part (ouster)
-Pay fair share of carrying costs (taxes and mortgage interest payments)
-Pay fair share of reasonable necessary repairs provided the other co-tenant gave you notice about it
-Not commit waste (VAP - voluntary, permissive, ameliorative)

Question 6

Tenancy for Years

Answer 6

Lasts for a fixed, determined period of time.

Created by written lease.

Ends automatically at its termination date.

Question 7

Periodic Tenancy

Answer 7

Continues for successive intervals until properly terminated.

Created expressly or by implication when no duration is mentioned, when an oral term of years violated the SOF, or when a landlord elects to hold over a tenant who has stayed.

Ends when either party gives notice that is at least equal to the length of the period, except for year-to-year leases which require 6 months notice at common law and 1 month notice under modern law.

Question 8

Hold Over Doctrine

Answer 8

If a tenant continues to possess after the lease expires, the landlord can evict the tenant or bind the tenant to a new periodic tenancy, based on the way the rent was computed during the original lease (max of a year-to-year). Holding over is assent to any new terms that were expressed before the original lease expired.

This doctrine does not apply for hold overs of just a few hours or that are not the tenant’s fault.

Question 9

Tenant’s Duties

Answer 9

-Maintain the premises (routine repairs, not repairs occasioned by ordinary wear and tear)
-Not commit waste (VAP)
-Pay rent

Question 10

Landlord’s Remedies for Rent

Answer 10

If a tenant is on the premises and fails to pay rent, the landlord can evict or sue for the rent due. A landlord cannot engage in self-help.

If a tenant is not on the premises and fails to pay rent, the landlord has 3 options (SIR):
-treat the abandonment as surrender of the lease
-ignore the abandonment and hold the tenant responsible for unpaid rent
-re-let the premises

Question 11

Landlord’s Duties

Answer 11

-Put tenant in actual possession of the premises at the beginning of the lease
-Covenant that the tenant will enjoy quiet use of the premises without interference from the landlord or a paramount title holder
-Covenant that the premises are fit for basic human habitation (residential)
-Not discriminate (race or ethnicity - all leases; + color, religion, national origin, sex, or disability - all except owner occupied buildings with 4 or fewer units and single family homes sold or rented by an owner who owns no more than 3 single family homes)

Question 12

Tenant’s Remedies for Breaches

Answer 12

Exclusion from entire premises by landlord or paramount title holder (actual eviction) –> no obligation to pay rent

Exclusion from part of the premises by landlord (partial eviction) –> no obligation to pay rent

Premises is unsuitable for occupancy (constructive eviction - SING) –> can terminate lease and seek damages
-Substantial interference, notice given, tenant vacates (goodbye)

Basic living requirements not met (habitability breach) –> MR3
-move out and terminate the lease
-repair and deduct costs from rent
-reduce or withhold rent
-remain and pay full rent but seek damages

Question 13

Tenant Assignment

Answer 13

A tenant can assign their interest in the whole lease. The assignee and the landlord are in privity of estate, so the assignee has to pay rent. The original tenant and landlord are in privity of contract, so the original tenant is liable for any unpaid rent.

Question 14

Sublease

Answer 14

A tenant can sublease part of the lease. The sublessee is not in privity of estate with the landlord and pays rent directly to the original tenant. Only the original tenant is liable to the landlord.

Question 15

Landlord Assignment

Answer 15

A landlord can assign the rents and reversion interests to another landlord without the tenants’ consent. The original landlord remains liable on all covenants in the lease; the new landlord is liable for all covenants that touch and concern the land.