Landlord and Tenant

Question 1

Tenancy for Years

Answer 1

A tenancy for years is an estate measured by a fixed and ascertainable amount of time.

Question 2

Periodic Tenancy

Answer 2

A periodic tenancy is a repetitive, ongoing estate measured by a set period (e.g., a month, a year) but without a predetermined termination date. It automatically renews at the end of each period until one party gives a valid termination notice.

Question 3

Tenancy at Will

Answer 3

A tenancy at will is a leasehold estate that does not have a specific term and continues so long as the landlord and the tenant desire.

Question 4

Tenancy at Sufferance

Answer 4

A tenancy at sufferance (holdover tenancy) exists for the period after the expiration of a lease during which the tenant remains on the premises without the landlord’s permission.

exam note: Know the difference between a tenancy at will, which is created by the agreement of the landlord and the tenant, and a tenancy at sufferance, which is created by the actions of the tenant alone.

Question 5

Duties of Tenant

Answer 5

The tenant has two basic duties: to pay rent and to avoid waste.

The duty to pay rent arises from the agreement between the tenant and the landlord (i.e., a lease), which usually takes the form of a written contract.

The duty to avoid waste is the same duty imposed on any holder of a current possessory property interest with respect to the holders of other interests in the same property. The duty to avoid waste may be modified by contractual or other legal obligations regarding repair of the premises.

Question 6

Holdover tenant

Answer 6

When a tenant continues to occupy the premises without the landlord’s agreement after the original lease expires, the tenant is a holdover tenant.

Question 7

Assignment and Subletting

Answer 7

Absent language to the contrary, a lease can be freely assigned or sublet.

Question 8

Assignment

Answer 8

In most jurisdictions, a complete transfer of the tenant’s remaining lease term creates an assignment.

Question 9

Sublease

Answer 9

A transfer for less than the entire duration of the lease creates a sublease.

Question 10

Partial Assignment

Answer 10

A transfer of a physical portion of leased property for the tenant’s remaining lease term creates a partial assignment.

Question 11

Condemnation

Answer 11

Condemnation is the taking of land for public use or because it is unfit for use.