Landlord Tenant

Question 1

Tenancy for Years

Answer 1

1) fixed period of time
2) know termination date from start
3) no notice is needed to terminate
4) if > 1 yr. must be in writing b/c of SOF
L leases Blackacre to T from January 1, 2011 to July 1, 2012

Question 2

Express Periodic Tenancy

Answer 2

1) successive intervals until L or T gives proper notice to terminate
2) if over a year, must be in writing b/c of SOF
3) to terminate notice, normally in writing, must be given
4) notice must be at least equal to the period its self unless otherwise agreed in contract
5) if year-year or greater, notice must be given 6 months in advance of termination
6) must end at conclusion of a natural lease period
L leases to T from month to month

Question 3

Implied Periodic Tenancy

Answer 3

Same basics as express for termination, ect.

1) Land is leased with no mention of duration but provision is made for payment of rent at set intervals “T leases an apt from L and pays rent each month.”
2) An oral term of years in violation of the SOF, period will be based on way rent is tendered
3) Holdover tenant if L lets T continue to stay and pay rent, period will be based on way rent is tendered

Question 4

Tenancy at Will

Answer 4

1) no fixed duration
2) unless parties expressly agree, payment of regular rent will cause a court to treat this as an implied periodic tenancy b/c court’s don’t like it
3) may be terminated by either party at any time but a reasonable demand to vacate is generally required

Question 5

Tenancy at Sufferance

Answer 5

1) T wrongfully held over past the expiration of the lease
2) L is allowed to recover rent during this time
3) terminated when either L evicts or decides to hold T to a new tenancy

Question 6

Tenant’s Duties to 3rd parties

Answer 6

1) Tort law
2) must keep premise in good repair
3) liable for injuries sustained by 3rd parties T invited even when L promised to make repairs

Question 7

Tenant’s Duty to Repair

Answer 7

1) T must maintain premises and make ordinary repairs
2) T must not commit waste
3) T has no right to remove fixtures, belongs with ownership of land

Question 8

Waste

Answer 8

1) voluntary waste = overt destruction
2) permissive waste = pattern of neglect
3) ameliorative waste = changes that increase value

Question 9

Fixture Definition

Answer 9

1) once movable chattels
2) by virtue of its annexation to realty
3) objectively shows the intent to permanently improve the realty
4) objectively, if removing something would cause harm = fixture

Question 10

Fixtures legal ownership

Answer 10

1) T must not remove a fixture no matter that she installed it
2) fixtures pass with ownership of the land

Question 11

T installs something is it a fixture?

Answer 11

1) express agreement controls
2) w/out agreement T may remove chattel so long as removal doesn’t cause substantial harm to the premises
3) objectively, if removing something would cause harm = fixture

Question 12

Tenant’s duty to repair when in the lease

Answer 12

1) Common law = T was liable for any loss to the property, included loss due to force of nature (HI story)
2) Majority view = T may end the lease if the premises are destroyed/harmed by something out of his control

Question 13

When T breaches duty to pay rent and is in possession

Answer 13

L may:

1) evict through the courts,
2) continue the relationship and sue for rent due
3) if tries to evict still entitled to rent as a tenant at sufferance until tenant vacates
4) MUST not engage in self-help: changing the locks or forcibly trying to evict (criminal and civil charges)

Question 14

T breaches duty to pay rent and is out of possession b/f lease is up (term of years)

Answer 14

SIR

1) Surrender: implicit offer of surrender which L accepts. NOTE if > 1 yr must be in writing under SOF
2) Ignore: the abandonment and hold T responsible for the unpaid rent (minority view)
3) Re-let: on the wrongdoers behalf, hold liable for any deficiency (majority view, mitigation)

Question 15

L’s duty to deliver possession

Answer 15

1) English rule (majority): L must put T in actual physical possession, and breaches if doesn’t so T gets damages
2) American (minority): L need only provide T with legal possession and not actual possession

Question 16

Implied Covenant of quiet enjoyment

Answer 16

1) both residential and commercial

2) T has a right to quiet use and enjoyment of the premises w/out interference from L

Question 17

Breach of cov. of quiet enjoyment

Answer 17

1) actual wrongful eviction
2) constructive eviction
a) by L’s actions or inaction
b) L permits a nuisance on site
c) L must control common areas

Question 18

Constructive eviction

Answer 18

SING

1) Substantial interference: due to L’s actions or failures, doesn’t have to be permanent
2) Notice: T must give L notice of the problem
3) Goodbye: T must vacate

Question 19

Implied warranty of habitability

Answer 19

1) residential only
2) non-waivable
3) fit for basic human habitation (bare living requirements)
4) standard may be supplied by local housing code or case law

Question 20

T’s right with breach of warranty of habitability

Answer 20

1) Move: move out and end lease
2) Repair + deduct: check statute, T may make reasonable repairs and deduct cost from rent
3) Reduce Rent: or withhold until court determines fair rental value, often have to keep paying into an escrow acct to show good faith
4) Remain in possession: pay rent and seek $ damages

Question 21

Retaliatory eviction

Answer 21

1) T lawfully reports L for housing code violations
2) L is barred from penalizing T
3) examples: raising rent, ending the lease, harassing the T

Question 22

Assignment vs. Sublease

Answer 22

assignment = when T freely transfers his interest in whole
sublease = when T freely transfers his interest in part

Question 23

L’s rights for assignments + subleases

Answer 23

1) L may restrict T’s ability to assign or sublease without L’s written permission
2) once L consents to 1 transfer by T, L waives right to object to future transfers unless reserves right

Question 24

Assignments

Answer 24

1) everything T has, cannot be only a part of the remaining lease
2) L and T2 = privity of estate, liable for all covenants that “run with the land”
3) L and T2 NOT in privity of K unless T2 assumes all promises in original lease
4) L and T1 NOT in privity of estate but in privity of K
5) L and T1 secondarily liable to each other

Question 25

Sublease

Answer 25

1) when T gives T2 some of what he has, but not all
2) L and sublessee NOT in privity of estate or K
3) T remains primarily liable to L and vice-versa

Question 26

Caveat Lessee

Answer 26

1) let T beware

2) L under no duty to make premises safe

Question 27

Exceptions to Caveat Lessee

Answer 27

CLAPS

1) Common areas: L must maintain
2) Latent defects: L must warn T of hidden defects that L know or should have known
3) Assumption of repairs: if L voluntarily makes repairs, must complete them with reasonable care
4) Public Use rule: If L commonly leases a public space (like museum) and should know b/c of the nature of the defect and length of the lease that T will not repair, L is liable for any defects on the premises or personal injuries arising from them
5) Short term lease of furnished dwelling: L is liable for any defective condition on site (think 1 week or 1 month)