Landlord-Tenant Law

Question 1

An estate that lasts for some fixed period of time or according to a formula

Answer 1

Term of Years

Question 2

Does term of years require a notice?

Answer 2

No

Question 3

A lease for a fixed period that renews automatically unless either LO or Tenant provide proper timely notice of termination.

Answer 3

Periodic Tenancy

Question 4

Periodic Tenancy termination notice.

Answer 4

6 Months if over a year period.

If less than 1 year, the term of the lease is required.

I.E. Month to Month lease requires 30 day notice.

Question 5

What lease can be terminated at any time by either party?

Answer 5

Tenancy at will

Common Law: No Notice

Now most states 30 days.

Question 6

Common Law Rule (MAJ): Tenancy At Will

Answer 6

A lease that is terminable at the will of one party, is also terminable by the will of the other party this establishes a tenancy at will.

Question 7

Modern Rule (MIN): Tenancy At Will

Answer 7

A lease granting the tenant alone the right to terminate the lease at will, does not convert the lease into a tenancy at will terminable by either party. It creates a life tenancy determinable for the tenant.

Question 8

What are the 7 classes protected by the FHA?

Answer 8

Race, color, religion, sex, handicap, familial status, or national original.

Question 9

What is the Landlord Delivering possession MAJ Rule?

Answer 9

English Rule (MAJ): All leases imply that LL is obligated to deliver actual physical possession to eject a person on the premises.

Question 10

What is the Landlord Delivering possession MIN Rule?

Answer 10

American Rule (MIN): The landlord is bound only to put tenant in legal possession so that no obstacle in the form of superior rights of possession will prevent T from obtaining actual possession.

Question 11

Common law rule for creating a sublease or assignment:

Answer 11

MAJ: Looks at term regardless of form or parties’ intention. If remainder of lease, it’s an assignment. Less than remaining term, it’s a sublease.

Question 12

Modern Rule for creating sublease v. assignment?

Answer 12

Looks at the intent of the parties– arrived at from the language read in light of surrounding circumstances.

Question 13

Commercial Reasonableness Common Law Rule:

Answer 13

Under the majority rule, a LL can arbitrarily refuse approval of an assignment or sublease for any reason.

Question 14

Commercial Reasonableness Modern Approach (CA - MIN):

Answer 14

Under the minority rule, a LL’s refusal to give permission for a sublease or assignment must be commercially reasonable.

Question 15

What is commercially reasonable?

Answer 15

Assignee’s financial responsibility

Suitability of use for the property

Economic impact on LL

Legality of proposed use

Need for alteration of the premises

Nature of the occupancy

Question 16

What is commercially unreasonable?

Answer 16

Personal taste

Convenience

Sensibility

Or denying in order to raise rent

Question 17

The Rule in Dumpor’s case

Answer 17

If LL gives permission to T to sublease or assign, that permission extends to any subsequent signee or sublessee.

Question 18

Whats the modern rule for eviction?

Answer 18

LL must always resort to the judicial process to enforce against a wrongfully possessing tenant (unless T has abandoned).

Question 19

Whats the minority rule for eviction?

Answer 19

LL may use self-help to retake leased premises from a T in a possession if (1) LL is legally entitled, and (2) repossession is done in a peaceful manner.