F. Landlord Tenant

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Questions and Answers

What is the required notice period to terminate a periodic tenancy that has lasted for 1 or more SOF Common Law years?

The length of the lease

No notice required

1 year

6 months (correct)

In the case of a tenancy at will, what characteristic allows either the landlord or tenant to terminate the agreement at any time?

Unilateral lease termination power (correct)

Formal written agreement

Shared financial risk

Mutual agreement for termination

What happens in a tenancy at sufferance?

Tenant leaves before the lease ends

Tenant pays rent in cash

Tenant sublets the property

Tenant stays after the lease ends (correct)

What is the significance of an implied warranty of habitability in a lease agreement?

Ensures compliance with basic living standards Signup and view all the answers

In a holdover tenancy situation, what options does the common law typically provide for the landlord?

Eviction or increased rent Signup and view all the answers

What scenario would trigger the concept of 'constructive or actual eviction' in a lease agreement?

Landlord interrupting tenant's enjoyment Signup and view all the answers

What type of leases are subject to a rebuttable presumption that they are at the will of both parties?

Ambiguous leases Signup and view all the answers

In Philpot v. Field, what type of tenancy did the court rule out?

Tenancy at will Signup and view all the answers

What kind of discrimination did the 1866 law deal with?

Racial discrimination Signup and view all the answers

What is not required to make out a prima facie case under the Fair Housing Act?

Proof of discriminatory motive Signup and view all the answers

What is an available remedy under the citizen suit provision of the Fair Housing Act?

All of the above Signup and view all the answers

In Roberts v. Unimin Corporation, what did the court recognize despite uncertainty over termination?

Determinable leasehold interest Signup and view all the answers

What is the legal process of physically removing a tenant from a property?

Actual Eviction Signup and view all the answers

What is a factor in determining Constructive Eviction?

The leased premises conditions breaching the Covenant of Quiet Enjoyment Signup and view all the answers

What happens to a tenant's lease obligation in the event of Wrongful Eviction?

It is terminated Signup and view all the answers

What should a landlord or tenant analyze when dealing with a lease?

What the lease contains, the party's intent, common law, statute applicability, and remedies Signup and view all the answers

What happens if a lease is silent on a particular issue?

The American rule applies Signup and view all the answers

What does a lease that grants the tenant the right to terminate the tenancy not grant to the lessor unless expressly stated?

The right to terminate the tenancy Signup and view all the answers

What is a sublease?

A transfer of a portion of the premises for less than the entire lease term Signup and view all the answers

What is the main difference between assignment and sublease?

Assignment involves transferring the entire lease to another party Signup and view all the answers

What is novation?

When a tenant signs a lease over to another party, assuming responsibility for rent and liability Signup and view all the answers

What is the law's general stance on the transfer of rights in a lease agreement?

The law supports the transfer of rights Signup and view all the answers

What happens if a tenant fails to obtain the landlord's consent for assignment or sublease?

The landlord can initiate eviction proceedings Signup and view all the answers

What is privity of estate?

A lawfully recognized relationship between landlord and tenant re: an interest in land Signup and view all the answers

Which protected statuses are covered under §3604 in the sale or rental of housing?

Race, color, religion, sex, familial status, and national origin Signup and view all the answers

What is the landlord's responsibility when it comes to tenant-on-tenant harassment based on a protected status?

The landlord is liable if they have notice of the harassment and fail to act Signup and view all the answers

What is the purpose of design and construction standards in multifamily dwellings under the Fair Housing Act?

To accommodate handicapped persons Signup and view all the answers

Which of the following is a form of discrimination covered under the Fair Housing Act?

Discriminating in the terms or conditions of sale or rental Signup and view all the answers

What does the Fair Housing Act require landlords to do for handicapped persons to afford equal opportunity to use and enjoy a dwelling?

Permit reasonable modifications to premises and make reasonable accommodations in rules or practices Signup and view all the answers

Which of the following is not covered under the Fair Housing Act?

Pet grooming services Signup and view all the answers

Study Notes

Formal Agreements

If a lease is 1+ year, half a year's notice is required to terminate.
If a lease is less than a year, notice equal to the lease term but not exceeding six months is required.
A unilateral lease termination power can be added to a periodic tenancy.

Tenancy at Will

A tenant lives in a property without a formal agreement, with a flexible arrangement.
The landlord or tenant can terminate the agreement at any time.
A unilateral power to terminate a lease can be added to a term of years tenancy.
The death of the landlord or tenant affects a tenancy at will.

Tenancy at Sufferance

Arises when a tenant remains in possession after the termination of the tenancy.
The tenant is not staying without permission but has stayed over the anticipated lease end.
Common law gives the landlord two options: eviction (plus damages) or consent (express or implied) to create a new tenancy.

Landlord's Duties, Rights, and Remedies

Covenant of Quiet Enjoyment: implied in every lease, guaranteeing the tenant's peaceful possession of premises and the landlord's non-interruption.
Breach of Covenant of Quiet Enjoyment: constructive or actual eviction.
Implied Warranty of Habitability: an unstated guarantee that a rental property complies with basic living and safety standards.
A breach of Implied Warranty of Habitability does not require eviction, and the tenant can seek contract rescission, partial or full damages, various injunctions, and specific performance.

Fair Housing Act and Unlawful Discrimination

The Fair Housing Act prohibits discrimination based on race, color, religion, sex, familial status, national origin, or handicap in the sale or rental of a dwelling.
Discrimination includes refusing to sell or rent a dwelling, discriminating in the terms or conditions of sale or rental, and making discriminatory statements in advertisements.
The Fair Housing Act covers various forms of discrimination, including refusing to make reasonable modifications to premises and failing to make reasonable accommodations in rules or practices.

Eviction

Actual Eviction: the legal process of physically removing a tenant from property.
Constructive Eviction: the tenant is forced to leave due to the environment being bad for their welfare.
Factors to consider in Constructive Eviction: leased premises conditions breached the Covenant of Quiet Enjoyment, substantial to justify the tenant leaving, and leaving in a reasonable time.

Lease Analysis

Consider the following when analyzing a lease:
- What does the lease contain?
- What was the party's intent?
- Common law and/or statute applicability.
- Remedies available.

Sublease and Assignment

Sublease: transferring all or a portion of the premises for less than the entire lease term.
Assignment: transferring the tenant's entire obligations under a lease and dealing directly with the landlord.
Principles of consent, waiver, and breach in lease agreements:
- The law generally supports the transfer of rights.
- Landlords can include explicit demands against assignment or subletting in leases.
- Failure to obtain the landlord's consent can lead to a breach of covenant, allowing landlords to seek damages or initiate eviction proceedings.

Novation and Privity

Novation: when a tenant signs a lease over to another party, which assumes the responsibility for rent and the liability for any subsequent damages to the property.
Privity of Estate: a lawfully recognized relationship between the landlord and tenant regarding an interest in land.

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Description

Test your knowledge on lease termination rules and periodic tenancy agreements. Learn about the notice requirements for terminating leases based on their duration and the implications of a periodic tenancy. Understand the concept of a tenancy at will and unilateral termination powers in leases.