Leasing real property

Question 1

What is a disparate impact rule?

Answer 1

A rule does not explicitly treat one class differently, but when it is applied, the result is that one class is treated differently. This is illegal too but harder to prove.

Question 2

For what reasons can a Landowner reject a tenant?

Answer 2

Good faith reasons such as bad credit or inadequate income.

Question 3

The fair housing act

Answer 3

statements, or adds for the sale or rental of a dwelling that discriminat based on race, color, religion, sex, handicap, familial status, or national origin are illegal

Question 4

What is a dwelling?

Answer 4

any building, structure, or portion thereof which is occupied as, or designated or intended for occupancy as, a residence by one or more families.

Question 5

Term of years tenancy

Answer 5

A fixed duration that is agreed upon in advance by the landlord and tenant.
Once the term ends the tenant’s possession immediately expires and the landlord can retake possession

Question 6

Periodic tenancy

Answer 6

Has an initial fixed period and is automatically renewed for successive periods unless the landlord or tenant terminates the tenancy by giving advanced notice.

Question 7

When does a periodic tenancy end

Answer 7

Notice by either party, At common law, a year-to-year periodic tenancy required 6 months notice, while shorter tenancies required notice equal to the period involved. The form and timing of notice is now controlled by statute.

Question 8

Tenancy at will

Answer 8

No fixed ending point continues so long as the tenant and landlord desire. Created by agreement in advance or if a lease does not include a certain period of time it is considered a tenancy at will.

Question 9

When does a tenancy at will end?

Answer 9

Under common law either the landlord or tenant could end a tenancy at will without notice

Under the modern rule advanced notice, usually equal to the period between payments, is required to end tenancy.

Question 10

Tenancy at sufferance

Answer 10

○ Created when a person who rightfully took possession of the land continues in possession after the right ends. Arises out of improper conduct not from an agreement.

○ Tenant becomes a holdover tenant.
§ Under common law the landowner can 1) either treat the tenant as a trespasser and evict them or 2) renew their tenancy for another term.

           § Under the modern law the second option has either been abolished or limited.

Question 11

Statute of frauds

Answer 11

○ Applies to leases for a term of more than a year
§ Must be in writing
§ Must contain the key terms of the lease and be signed by the party to be charged

Question 12

What is the English rule for the LL’s duty to deliver possession?

Answer 12

When the lease is silent on the point, the landlord must deliver actual & legal possession of the premises at the beginning of the term. (the federal standard), Must be sole physical possession

Question 13

What is the American rule for the LL’s duty to deliver possession?

Answer 13

The landlord must only deliver legal possession

Question 14

What is the rule for constructive eviction?

Answer 14

Wrongful conduct by the LL, that substantially interferes with the tenant’s beneficial use and enjoyment of the leased premises, To the extent that it constitutes a functional equivalent of eviction; and tenant vacates within a reasonable time

§ (Modern rule) Some minority jurisdictions allow constructive eviction even though the tenant does not vacate the premises.

Question 15

What is the process of constructive eviction?

Answer 15

The tenant must notify the LL of the problem and give them a reasonable time to fix it. If the problem isn’t fixed within that time, then the tenant must vacate under the traditional/majority rule.

Question 16

Implied warranty of habitability.

Answer 16

Regardless of any agreements, the duty to repair shall fall on the LL. There is an implied warranty of habitability in all residential leases. There is strict liability for a breach.

Question 17

What is Habitability

Answer 17

§ Substantial compliance with building and housing code standards relating to health and safety; OR

§ Clean, safe, & fit for human habitation (majority)

Question 18

What are a tenant’s remedies for a breach of the implied warranty of habitability?

Answer 18

○ Terminate the tenancy
○ Stay & withhold rent
○ Rent abatement
§ If LL sues to evict or for back rent, the tenant can counter with the implied warranty. If there is a violation, the court may reduce the rent owed for the period of the violation
○ Damages
○ Injunction/ specific performance
○ Make repairs themselves and deduct the cost from the rent

Question 19

What is the implied covenant of quiet enjoyment?

Answer 19

An implied promise that the tenant is not going to be disturbed in their possession by the LL or anyone with a superior title.

Question 20

How much notice must be given to end a year-to-year tendency?

Answer 20

6 months at common law

Question 21

When the way the rent is reserved is different from the way the rent is to be paid what determines the period and thus how much notice is needed?

Answer 21

The general rule is the way the rent is reserved determines the period. Therefore, if rent is reserved annually, but paid monthly, the general rule would find a year-to-year tenancy

Question 22

How much notice is required to end a periodic tenancy that is less than a year-to-year?

Answer 22

The period determines how much notice is required.