Landlord Tenant

Question 1

What is a leasehold estate?

Answer 1

An estate created and governed by a lease signed between the parties.

Question 2

What are the four types of leasehold estates?

Answer 2

1. Tenancy for years
2. Periodic tenancy
3. Tenancy at will
4. Tenancy at sufferance

Question 3

What is a tenancy for years?

Answer 3

A tenancy with a fixed starting and ending date.

Question 4

When is a tenancy for years required to be writing?

Answer 4

If the lease is longer than one year.

Required in order to satisfy the statute of frauds

Question 5

When does a tenancy for years terminate?

Answer 5

Automatically at the end of the fixed period of end date.

Question 6

What is a periodic tenancy?

Answer 6

A tenancy that automatically renews at the end of a set period with no set end date.

E.g., a month-to-month lease

Question 7

What are the three primary ways in which a periodic tenancy is created?

Answer 7

1. Express agreement
2. By implication (e.g., no explicit end date in a lease agreement)
3. By operation of law (e.g., laws related to holdover tenants)

Question 8

What is a holdover tenant?

Answer 8

A tenant that overstays their lease without the landlord’s consent.

Also called a tenant-at-sufferance.

Question 9

How do you terminate a periodic tenancy?

Answer 9

The landlord must give notice by words or by conduct a full period in advance (e.g. if month-to-month, must give one month’s notice). If period is one year, then six months notice is required.

Question 10

What is a tenancy at will?

Answer 10

A tenancy with no specific term that can be terminated at any time by either party.

Question 11

How is a tenancy at will created?

Answer 11

Created by express agreement (if there is no express agreement, a court will imply a periodic tenancy).

Question 12

How do you terminate a tenancy at will?

Answer 12

A tenancy at will can be terminated at any time, either by:

1. Advance notice by either party (typically, but not always, required);
2. By operation of law upon the death of either party; waste by the tenant, transfer of title by the landlord, and more.

Question 13

When can a tenant commit ameliorative waste (i.e., make improvements to the property)?

Answer 13

If those improvements are reasonably necessary for the tenant’s continued reasonable use of the premises.

Typically, the tenant must give the landlord advance notice.

Question 14

Can a landlord use self-help to retake possession?

Answer 14

Under the modern view, no; most states ban self-help, and landlords must go through the judicial process to obtain an eviction. The common law standards, however, permitted self-help.

Question 15

Does a landlord have a duty to mitigate damages after abandonment?

Answer 15

Under the modern view, the landlord has a duty to mitigate damages. Under the traditional view, the landlord had no duty to mitigate damages.

Question 16

What is the implied covenant of quiet enjoyment?

Answer 16

A tenant has a right to the quiet enjoyment and possession of the premises.

Question 17

How does a landlord breach the implied covenant of quiet enjoyment?

Answer 17

If the landlord engages in any act or omission that materially deprives the tenant of the beneficial use or enjoyment of leased property.

Question 18

What is actual eviction?

Answer 18

The landlord physically deprives a tenant of occupancy of the premises.

Question 19

What is a constructive eviction?

Answer 19

The landlord breaches the implied covenant of quiet enjoyment without intending to oust the tenant.

Question 20

What is required to establish a constructive eviction?

Answer 20

1. A substantial interference caused by a landlord’s act or omission;
2. The landlord must be put on notice of the defect with reasonable time to remedy the issue;
3. The tenant must vacate the property within a reasonable period of time after the landlord fails to repair.

Question 21

What is a partial eviction?

Answer 21

The landlord deprives the tenant of occupancy of a part of the premises.

Question 22

What is the implied warranty of habitability?

Answer 22

The landlord has a duty of delivering and maintaining premises that are safe, clean, and fit for habitation.

Question 23

Can you waive the implied warranty of habitability?

Answer 23

No

Question 24

What must a tenant do if they seek remedies for a breach of the implied warranty of habitability?

Answer 24

Must give the landlord notice of the defect and a reasonable time for remediation.

Question 25

What **remedies** may a **tenant** obtain if a landlord breaches the implied warranty of habitability?

Answer 25

1. May withhold rent until necessary repairs are made 2. Sue the landlord to collect damages 3. Repair conditions and deduct costs of repairs from rent.

Question 26

What is a **fixture**?

Answer 26

Structures or materials that are **permanently affixed** to the property and were intended to pass with the land.

Question 27

Can a fixture be removed by a tenant?

Answer 27

Only if: 1. Removal will not permanently alter the premises; and 2. The removal is completed in a reasonable amount of time.

Question 28

What actions can a landlord take if a tenant **materially breaches** their lease and remains on the **property**?

Answer 28

1. Continue the lease and sue for damages on late rent. 2. Evict the tenant.

Question 29

What is an **assignment of a lease**, and to whom is the assignee liable?

Answer 29

An assignment is the **transfer** of the **entire lease** to a new tenant (the assignee). The assignee is then in privity with the landlord, and liable for all rent owed to the landlord

Question 30

What is a **sublease**, and to whom is the sublessee **liable**?

Answer 30

A sublease transfers only **part of the lease terms** to the sublessee. The sublessee is not in privity with the landlord, and is liable to the sublessor only.

Question 31

Can a tenant **feely assign or sublease** the property?

Answer 31

Under the common law, yes, unless **specified in the lease**.

Question 32

If a tenant **sublets or assigns** a lease, despite it being prohibited in a lease, and the landlord knows of it and does not act, what is the effect?

Answer 32

The prohibition is considered **waived**.