Landlord/ Tenant

Question 1

Leasehold Estates

Answer 1

(1) Term of Years
(2) Periodic
(3) Tenancy at Will
(4) Tenancy at Sufferance

Question 2

Term of Years Lease

Answer 2

Definite Beginning and End

(1) reversion back to L
(2) can be alienable, transferable
(3) ends automatically at the end of the term

Question 3

Periodic Lease

Answer 3

fixed period & automatically continues until terminated

(1) ends only on last day of period
(2) notice equal to period/ 6 months
(3) notice -> wait period -> lease ends at end of period

Question 4

Tenancy at Will

Answer 4

not fixed period; lasts as long as L/T desire

(1) Unilateral termination (both L & T have right)
(2) occurs when tenancy unknown
(3) includes leases that terminate at death

Question 5

Tenancy at Sufferance

Answer 5

occurs at end of lawful tenancy holdovers

1) evict; OR
(2) consent to new relationship (under identical terms

Question 6

Assignment

Answer 6

(1) mutual, immediate, & simultaneous interest b/w L & T
(2) head lease remains unless novation
(3) privity of estate between L & T2

Question 7

Sublease

Answer 7

anything less than entire interest in property

(1) no privity of estate between L & T2
- 3rd party beneficiary relationship
(2) only privity of K if T1 agrees to head lease OR pays L directly

T1 has right of reentry

Question 8

Approval Clause

Answer 8

MAJ
- may unreasonably withhold consent

MIN

• commercial justification jurisdiction
  (1) financial resources; legality of proposed use; need to remodel
  (2) not based on personal preference

Question 9

Defaulting Tenant in Possession

Answer 9

CL -> L can use self-help

(a) peaceable; AND
(b) right of possession

enormous modern trend towards judicial assistance

Question 10

Abandoning Tenant

Answer 10

L has K law duty to mitigate

(1) L can accept surrender
- ends tenancy
- damages = rent - FMV
(2) L can refuse surrender
- L must mitigate
- can sue later if damages exist

Question 11

L Duty to Deliver Possession

Answer 11

English Rule

• MAJ
• actual possession

American Rule

• MIN
• legal possession only

Question 12

Covenant of Quiet Enjoyment

Answer 12

(1) T not disturbed by anyone with superior title

(2) implied in residential/ commercial leases

Question 13

Constructive Eviction

Answer 13

(1) Untenantable -> interfere with use of enjoyment
(a) T can abandon & stop rent
(b) Damages
(c) stay in possession -> sue L for decrease in value

Question 14

Implied Warranty of Habitability

Answer 14

(1) from K
(2) all latent & patent defects
(3) cannot be waived

Damages

(a) stay in possession -> pay rent -> sue for damages
(b) rescind lease
(c) repair & deduct
(d) remain in possession & stop some/ all rent