Landlord Tenant Law

Question 1

What is a leasehold?

Answer 1

It’s a nonfreehold estate.

A legal interest that entitles the tenant to immediate possession of designated land, for either a fixed period of time or for as long as the tenant and/or landlord want.

Question 2

Who is the lessor in a leasehold?

Answer 2

Landlord

Question 3

Who is the lessee in a leasehold?

Answer 3

Tenant

Question 4

What is the difference between a leasehold and a license or easement?

Answer 4

leasehold has the right of exclusive possession.

easement or license has right to use the land only.

Question 5

What are the four types of leasehold estates?

Answer 5

1. Term of years tenancy
2. Periodic Tenancy
3. Tenancy at will
4. Tenancy at Sufferance

Question 6

What is a Term of years tenancy?

Answer 6

It endures for a designated period of time that is either fixed (like 5 years) or using a formula. It also ends without notice of termination.

Question 7

What is a periodic tenancy?

Answer 7

Lasts for an initial fixed period (like one month) then automatically continues for additional equal periods until either landlord or tenant gives advanced notice.

Classic example of month to month lease

Question 8

What is Tenancy at will?

Answer 8

No fixed duration and endures only so long as the landlord and tenant desire.

Most of the time these are created by implication not an express agreement.

Question 9

What is Tenancy at Sufferance?

Answer 9

Arises when a person who had rightful possession continues after right ends.

Question 10

How long must a lease be before it needs to be in writing?

Answer 10

1 year under Statute of Frauds

Question 11

What is constructive eviction?

Answer 11

Occurs when wrongful conduct of the landlord substantially interferes with the tenant’s use and enjoyment of the leased premises.

Question 12

What is the Illegal Lease Doctrine?

Answer 12

a lease of unsafe and unsanitary premises that violate the local housing code is deemed illegal - and thus unenforceable-contract, allowing the tenant to withhold rent but remain in possession.

Question 13

What is Implied warrant of habitability?

Answer 13

Each residential lease is deemed to contain an implied warrant that the landlord will deliver the premises in habitable condition and maintain them in that condition during the lease term.

Question 14

What are the remedies for implied warranty of habitability?

Answer 14

Tenant must notify the landlord of the defect and allow a reasonable time for repairs to be completed.

If landlord fails to act T may:

1. withhold rent
2. sue for damages
3. repair and deduct cost from rent

Question 15

What is landlord liability for personal injury?

Answer 15

Modern trend requires residential landlord to exercise reasonable care to prevent injuries.

Question 16

What happens if a T affixed a chattel to the property?

Answer 16

Any chattel permanently affixed to the premises by the T was a fixture, and became property of landlord.

Question 17

What is an Assignment of a lease?

Answer 17

T transfers right of possession for the entire remaining term of the lease.

Question 18

What is a sublease?

Answer 18

Only part of the remaining lease term is transferred vs the entire remaining term.

Question 19

Explain the triangle relationship in assignments.

Answer 19

An assignment creates a triangle of relationships among the original lessor, the original lessee who transfers her right (the assignor) and the person who receives the right (the Assignee).

Privity of contract continues between the lessor and the assignor; privity of contract is created between the assignor and the assignee, and privity of estate arises as a matter of law between the lessor and the assignee.

Question 20

What are the rights and duties in assignments?

Answer 20

The assignor remains liable to the original lessor for all covenants in the original lease, because they remain in privity of contract, absent a novation. The privity of estate between the lessor and assignee requires both of them to perform those covenants in the original lease that run with the land, and as a practical matter, most lease covenants do so run. For. EX. suppose a leases to B who assigns to C. If no one pays rent to A both B and C are liable.

Question 21

What is a sublease?

Answer 21

A sublease creates a new landlord tenant relationship. Suppose A leases to B, and B (as sublessor) leases to C (as sublessee). Privity of contract and privity of estate remain between A and B; privity of contract and privity of estate arise between B and C.

Question 22

what are the rights and duties of sublease?

Answer 22

A sublessor remains liable to the original lessor for all covenants in the original lease. The sublessee is liable to the sublessor for the covenants in the sublease. However, the sublessor has no obligations to the original lessor.

Question 23

What is a surrender in tenancy?

Answer 23

An express surrender arises when the landlord and the tenant mutually agree to terminate the lease, ending their respective rights and duties.

Question 24

What is abandonment?

Answer 24

Occurs when the tenant 1 vacates the premises without justification, 2 lacks the present intent to return, and 3 defaults in the payment of rent.

Question 25

What are the common law rights of LL when T abandons?

Answer 25

L could chouse among 3 options:
1 leave premises vacant and sue later for accrued rent
2 mitigate damages by reletting the premises to a new tenant and then sue the original tenant for the unpaid balance
or 3 terminate the lease.

• today most jurisdictions require that the landlord either mitigate the damages or terminate the lease.