Landlord/tenant

Front 1

Tips for analyzing landlord & tenant problems

Back 1

Answer the following questions in order:

1. Determine the tenancy in question;

2. Determine the basis of conflict: a. paying the rent; b. condition of the premises; and c. possession of the premises.

3. If there re successive tenants or landlords, determine responsibility

4. Determine remedies

Front 2

What's the difference between a lease and an easement?

Back 2

A lease gives the grantee the right to possess the premises; an easement gives the grantee the right to use the premises (as does a profit or a license). When it's not obvious what's created, look at:

1. Intent of parties (what they call the transaction);

2. Uses of property allowed (less limited=lease; more limited= easement);

3. Definition of space (more defined=lease; less defined= easement);

4. Right to rent (periodic rent= lease; lump sum= easement); and

5. Duration (limited= lease; unlimited= easement)

SIGNIFICANCE: A lease for a year or less can be oral; easements are subject to the Statute of Frauds regardless of their length. However, there are available exceptions to the Statute of Frauds. Furthermore, the remedies are different. Because a lease is possessory, the tenant can bring actions like ejectment, trespass, or nuisance. An easement holder can't; he must resort to other lawsuits.

Front 3

Historically, is a lease considered a contract?

Back 3

No. Although the modern trend is away from this approach, a lease was historically treated as an estate in land transferred by conveyance , and not subject to contract law concepts.

Front 4

What, typically, are Landlord's duties?

Back 4

1. Deliver possession at the beginning of the lease, according to most courts;

2. Not interfere with tenant's quiet enjoyment of the property (through either actual or constructive eviction);

3. Provide habitable premises

4. Maintain premises (repair), under modern rules and only if the lease covers residential property and the state recognizes the warranty of habitability

Front 5

What is a forfeiture clause?

Back 5

It is a clause, appearing in most leases, that allows the landlord to evict the tenant if the tenant materially breaches any lease provision (e.g. fails to pay rent, violates a covenant barring pets).

NOTE: If the forfeiture is based on not paying rent, notice is required- the landlord must notify the tenant about the default, demand rent, and allow the tenant a reasonable time in which to pay before terminating the lease. the notice requirement probably applies to any dependent covenants (i.e., those that are conditions to the other party's performance).

Front 6

What is an acceleration clause in a lease?

Back 6

It provides that if the tenant materially breaches the lease (e.g. through late payment of rent), the landlord can demand immediate payment for the current value of all the rest of the rent due under the lease. This kind of clause is valid in most states.

NOTE: If tenant abandons and landlord relets, the landlord must return to the tenant any rents from the new tenant for the remaining period of the old tenant's lease.

Front 7

What are 3 leasehold estates?

Back 7

1. Tenancy/Estate for Years (Term of Years).

2. Periodic tenancy (a.k.a. tenancy from period to period)

3. Tenancy at Will

NOTE: These are also known as non-freehold estates.

Although Tenancy at Sufferance has "tenancy" in its name, it is not a true tenancy, but rather, explains what happens when a tenant remains in possession (holds over) after termination of a tenancy.

Front 8

What is a tenancy/estate for years?

Back 8

It is a lease for a fixed period of time: Beginning and ending dates must be fixed. Most leases create a tenancy/estate for years.

EXAMPLE: "To Romeo from December 1, 1555 until November 30, 1556".

Front 9

What is a periodic tenancy?

Back 9

It is a tenancy that is renewed automatically at the end of each period (e.g., week, month, quarter) unless either the lessor or lessee terminates it.

EXAMPLE: "To Jack from month to month"

CREATION: It can be created through express language creating a definite period or can also arise by implication. Examples of situations n which a periodic tenancy may arise by implications:

1. No mention of a period but tenant pays rent on a weekly basis; can imply a periodic tenancy from week to week.

2. When a lease is invalid under the Statute of Frauds the tenancy is originally a tenancy at will, but once rent is paid and accepted, it becomes a periodic tenancy based on the regular rent payment period.

3. By operation of law, where tenant "holds over" after estate for years ends and landlord accepts rent, in a majority of states the new periodic tenancy will be determined by the period for which rent is paid and accepted.

TERMINATION: Requires notice of at least one rental period. However, if the period is one year or longer, only 6 months' notice is required. Also, many statutes require 30 days' notice regardless of the length of the rental period.

NOTE: A new lease isn't created at the beginning of every rent period; the rights and duties of the original lease carry over.

Front 10

What is tenancy at will?

Back 10

A tenancy that either landlord or tenant, or both, can terminate any time without notice (at common law; some states today have statutes that require notice on landlord only, not tenant). It has no fixed duration.

CREATION: It can be expressly created, or it will be implied by law if the lease does not provide for periodic rent, or the lease is invalid (e.g., an oral lease for 5 years; the tenancy turns into a periodic tenancy on payment of rent).

TERMINATION: Apart from landlord or tenant terminating the tenancy, a tenancy at will can also be terminated by operation of law; for instance, landlord's selling the property, an attempt to assign by either party, or the death of either will terminate the tenancy.

Front 11

What is tenancy at sufferance?

Back 11

The tenancy created when a tenant wrongfully maintains possession of the premises (holds over) after the expiration of the lease. The lessor may, if he chooses (in most jurisdictions), either evict the tenant or hold the tenant to a new tenancy merely by accepting rent (which creates a periodic tenancy, continuing until either lessor or lessee terminates it).

NOTE: The old lease (and its covenants) are still binding (except of course for the length of the lease).

Front 12

How much notice is necessary to terminate an estate for years?

Back 12

None. Because an estate for years requires a fixed beginning and ending date, no notice to terminate is necessary.

Front 13

What notice is required to terminate a periodic tenancy?

Back 13

The common law and modern rule differ.

COMMON: The amount of notice required is the same as the period (i.e. if the tenancy is week to week, a week's notice is required). However, if the period is a year or more, 6 months' notice is required.

MODERN: By statute, many states require only 30 days' notice, regardless of the period involved.

Front 14

What is the implied covenant of quiet enjoyment?

Back 14

It is a covenant, implied in every lease, providing that:

1. The tenant will not be ousted by any third party with paramount title- that is, title superior to that of the landlord; and

2. The landlord and his representatives will not interfere with the tenant's use and enjoyment of the premises.

MEANS OF BREACH: Actual or constructive eviction.

If the breach rises to the level of a constructive eviction, the tenant must leave the premises within a reasonable time after the breach to preserve her claim, otherwise it will be waived.

NOTE: This is not to be confused with the implied warranty of habitability, which many states imply in residential leases, or the implied warranty of suitability, which some states imply in commercial leases.

Front 15

What is constructive eviction?

Back 15

Constructive eviction occurs when the landlord or his representative substantially interferes with the tenant's use and enjoyment of the leasehold, by act or omission. In doing so, the landlord has breached the covenant of quiet enjoyment.

The interference must be substantial- that is, the premises must become uninhabitable for the intended purposes.

REMEDIES: The tenant may terminate the lease and vacate. The tenant is also entitled to damages, including the difference between rent paid and reasonable rental value, cost of seeking other rental, lost profits, etc.

REQUISITES OF TENANT:

1. No waiver (e.g., can't move in knowing of interference).

2. Must give notice to landlord (so landlord can remedy defect);

3. Must vacate premises within a reasonable time; cannot remain in possession and claim constructive eviction.

EXAMPLES: Excessive noise, not supplying heat. The modern trend is to treat nonperformance of a duty imposed by a covenant in the lease, which results in making the premises uninhabitable, as a constructive eviction.

Front 16

Constructive eviction normally requires an act/omission by the landlord or his representative, and no one else. There are 2 principal exceptions to this. What are they?

Back 16

1. The landlord has a duty to control common areas. Thus, even if another tenant (and not the landlord himself) creates an unendurable racket in common areas, there's constructive eviction.

2. The landlord has a duty not to allow a nuisance, according to some courts. Thus, renting to a crack dealer, who then operates a crack den on the premises, would make the landlord accountable for the nuisance.

Front 17

Why is it important to distinguish between actual and constructive eviction?

Back 17

Because of the tenant's remedies.

ACTUAL EVICTION: If there has been an actual eviction- the tenant is dispossessed of most or all of the leasehold- she can terminate the lease, refusing to pay further rent. Most courts allow termination even if the tenant remains on part of the leasehold.

CONSTRUCTIVE EVICTION: If there has been a constructive eviction- the landlord or his representative interferes with the tenant's use and enjoyment of the premises- the tenant can terminate the lease only if she abandons the premises within a reasonable time. If she maintains possession too long before leaving, she can sue only for damages and is not justified in terminating the lease.

Front 18

How is the tenant's duty to pay rent impacted by destruction of the premises?

Back 18

If the tenant intentionally or negligently destroys the premises, then the tenant's duty to pay full rent continues. However, if the tenant is not responsible for the destruction of the premises, the obligation to pay rent is altered.

If the common law controls, the tenant must continue paying the full rent. At common law, absent a contrary provision, a tenant could not terminate the lease or refuse to pay rent on the destruction of a building or other improvements on the premises because the assumption was that the land was the basis of the lease.

Most states have changed the law to place the risk of sudden destruction of the premises on the landlord, except where the land itself is the subject of the lease (ground leases, agricultural leases, etc.) With respect to residential leases, in the case of the improvements' substantial destruction, the tenant, but not the landlord, has the option to terminate the lease.

Front 19

When could the tenant be relieved of the duty to pay rent?

Back 19

1. When the landlord releases the tenant from the obligation to pay rent;

2. Merger (one individual takes title to both the leasehold and reversion, therefore there is merger into one fee simple estate);

3. The lease ends;

4. Eminent domain, taking the whole property permanently;

5. Eviction (either actual or constructive)

6. Surrender (landlord agrees to let tenant out of the lease, either expressly or by operation of law);

7. Premises are destroyed (under modern rules, as long as tenant isn't responsible for the destruction);

8. Landlord breaches implied warranty of habitability in a residential lease (some states also apply to commercial);

9. Contract breaches (illegal due to zoning/building code; frustration of purpose);

10. Supervening illegality (lease restricts use of premises and that use becomes illegal- a contract law concept)

Front 20

What remedies are available to a landlord for nonpayment of rent?

Back 20

1. Eviction- most common (for breach of covenants during lease or of "holdover" tenant after lease expires; normally, via summary proceedings);

2. Action to recover rent as it falls due;

3. Common law right of distraint (to seize and sell tenant's chattel on the land, up to the amount of rent due). This is available at common law only, and is prohibited today be some states;

4. Statutory liens (lien on personal property of tenant on premises; recognized in many states);

5. Security deposits (using deposit, if there is one, to pay rent);

6. Rent acceleration clause (if in lease, gives landlord right to all remaining rent on default, but then landlord can't demand possession until end of term)

MNEMONIC: LADDER (Liens, Acceleration, Deposits, Distraint, Eviction, Rent)

Front 21

What's the difference between abandonment of a lease and its surrender?

Back 21

Abandonment is just what it sounds like-tenant leaves the premises and stops paying rent. The lease does not cease due to abandonment. However, the landlord may choose to treat an abandonment as surrender.

Surrender, on the other hand, is an agreement that does terminate the lease. It is normally a formal conveyance, requiring a writing, and the landlord must accept the surrender for it to be valid. However, not all states require an express agreement. For instance, in some states, if the tenant violates the lease and the landlord repossesses the property and relets it, the landlord has accepted the surrender, and the tenant's lease is terminated. In other states, the landlord's doing so is only evidence of intent to accept the surrender, which the landlord can rebut with evidence that that wasn't his intent.

Front 22

Can a landlord waive his right to terminate a lease due to a tenant's breach?

Back 22

Yes, either expressly or impliedly. For instance, say Kirk's lease forbids him from keeping pets, and his landlord can terminate the lease if he does so (in other words, it's a "dependent" covenant embodied in a forfeiture clause). If his landlord finds out that he keeps a bunch of pets on the premises, the landlord's subsequent acceptance of rent impliedly waives the landlord's right to terminate the lease.

Front 23

What is the warranty of habitability?

Back 23

A warranty implied in residential leases (not commercial ones) requiring that the premises be habitable (e.g. no rates, working plumbing). In essence, the premises must be safe and healthy, both at the beginning of the lease and during the lease. The standard generally applied is embodied in housing codes; where there is no housing code, use the "unsafe or unhealthy" standard. Note that the continuing warranty translates into a duty to repair.

NOTE: The warranty of habitability and the duty to pay rent are considered mutually dependent covenants, such that if the landlord violates his duty to keep the premises habitable and the tenant stops paying rent, the tenant can use the breach as a defense to a claim for back rent.

NOTE: The covenant does not apply to commercial leases, in most states- only residential ones. However, by common law or statute some states have adopted a warranty of suitability in commercial leases.

Front 24

Many states imply a warranty of habitability in every residential lease. What remedies are available to the tenant where it has been breached?

Back 24

1. Terminate lease (and collect damages) as long as tenant leaves premises;

2. Withhold rent (some courts require deposit in escrow);

3. Repair premises himself and deduct cost from rent (some states)

4. Rent abatement for period premises are uninhabitable (states have various means of calculating reduction allowed, generally reflecting difference between warranted value of rental and rental as it actually was);

5. Rent strike (permissible in a few states, tenants band together and withhold rent as a group effort);

6. Specific performance (mandatory injunction) (extremely valuable remedy in cases where tenant doesn't want to terminate the lease due to the landlord's breach of the implied warranty of habitability, but also doesn't want to wait for the landlord to sue him for rent and/or possession).

MNEMONIC: STRAWS (specific performance, terminate, repair, abatement, withhold rent, strike)

Front 25

How is the duty to repair analyzed?

Back 25

1. If the tenant negligently or intentionally caused the damage, the tenant is responsible for the repairs.

2. If there is an express covenant concerning repairs in the lease, then that provision will control as long as the provision is within the parameters of state statute or common law.

3. If common law controls, the rule is that the tenant has a duty to make reasonable repairs and take reasonable precautions to protect the premises from the elements, as part of his duty not to commit "permissive waste." Major repairs are the landlord's responsibility.

4. If modern rules control, due to implied warranty of habitability (and statutes in many states), duty to make reasonable repairs is limited to duty to notify the landlord that such repairs are necessary.

Front 26

What is an assignment of a lease?

Back 26

An assignment occurs when a tenant transfers away the entire remainder of his lease, in terms of duration.

An assignee is said to be in "privity of estate" with the landlord, and so he can sue the landlord or be sued by him.

Distinguishing assignments and subleases: See if the tenant has any time left on the lease. If so, it's a sublease; if not, it's an assignment. Remember this by remembering that "sub" means "less", so the sublessee gets less than the entire remainder of the lease.

NOTE: Say the tenant transfers away less than the entire premises (e.g., the upper floor of a house). This doesn't affect the assignment versus sublease distinction; it's the time remaining that's determinative. (Thus, a transfer of the upper floor of a house for the entire remainder of the lease would be an assignment; for less time, a sublease.)

Front 27

What is a sublease?

Back 27

It is a tenant's transfer away of less than the entire estate left to him in terms of duration (e.g., one year of a lease with three years left).

A sublessee is not liable for covenants running with the land; he can't sue or be sued by the landlord because the sublessee is not in privity of estate or privity of contract with the landlord.

NOTE: Even though a sublessee isn't liable under the lease to the landlord, he's still liable in tort for any damage he does to the premises.

Front 28

What is the difference between privity of estate and privity of contract?

Back 28

Privity of contract means the 2 parties have agreed between themselves to do or not to do something; in other words, they have a contract. Privity of estate, is a means of binding someone to an agreement he didn't personally make (e.g., binding an assignee of a lease to a covenant to repair). Privity of estate exists between an original landlord and tenant because the tenant holds a lease and the landlord holds the reversion. When an assignee assumes all of the tenant's possessory rights, he holds the lease, and the landlord still holds the reversion, putting them in privity of estate.

NOTE: If an assignee promises to perform a covenant (e,g., duty to repair), he's in privity of estate and contract with the landlord.

Front 29

Napoleon grants Marie an oral lease to Versailles for one year. What is the nature of Marie's interest in Versailles?

Back 29

Marie has a leasehold. During her lease, she has the exclusive right to possession and she may exclude all others, including Napoleon.

NOTE: The lease is valid even though it is oral, because it is only leases in excess of one year that are covered by the Statute of Frauds.

Front 30

Hamlet leases Castle from Shakespeare. The lease creates a quarter to quarter tenancy. If Hamlet decides he wants to move out of the country for the sake of his wife's peace of mind, how much notice must he give Shakespeare to terminate the lease at common law?

Back 30

At least 3 months, because that equals the "period" of the tenancy. The notice requirement is the same for either party to the lease.

Front 31

Mona Lisa rents a studio to Da Vinci. The lease term is 3 months, and it is to be renewed automatically unless either of them terminates. Must the lease be in writing to satisfy the Statute of Frauds?

Back 31

No. A periodic tenancy need not be in writing so long as the period is a year or less; if the period is longer than one year, the lease must comply with the Statute of Frauds (i.e. it must be in writing and signed by the grantor).

Front 32

Arthur rents Camelot to Lancelot for a term of 9 months, with an option to renew for 6 months. According to modern courts, must the lease be in writing to satisfy the Statute of Frauds?

Back 32

Yes. In most jurisdictions, if the fixed and option periods added together exceed one year, the Statute of Frauds requires a writing signed by the grantor, according to most courts. (Minority view: only option extending beyond 1 year violates the Statute)

NOTE: If there isn't a writing, the tenancy is a tenancy at will (terminable by either party) until rent is paid, when it becomes a tenancy from period to period (automatically renewed as long as neither terminates).

Front 33

Robin Hood leases Sherwood Forest from the Sheriff for 2 years at $500/month. At the end of 2 years, Robin remains in possession and tenders the next month's rent of $500. The Sheriff accepts it. What kind of tenancy has been created?

Back 33

Robin has a periodic tenancy. Under these facts, Robin "held over" after his tenancy for years ended. At that point, he became a tenant at sufferance, and the Sheriff could either evict him or accept rent from him. By accepting rent, the Sheriff converts the tenancy into a periodic tenancy, which will continue indefinitely until either Robin or the Sheriff terminates it. Because Sheriff accepted a rental payment equal to one month's rent, a month to month periodic tenancy has been created.

Front 34

Ferdinand owns Palace in fee simple absolute. He grants Imelda an oral lease to Palace for 2 years. Imelda takes possession of the palace and brings in considerable belongings. Does operation of the Statute of Frauds make Imelda a trespasser?

Back 34

No, she is a tenant at will, which becomes a periodic tenancy if and when rent is paid and accepted. Because the lease is for more than one year, the Statute of Frauds requires that it be in writing. However, it is not void, but merely voidable; it creates a tenancy at will- a tenancy of no fixed duration, terminable by lessor or lessee at will. If and when Imelda pays rent, the tenancy becomes a periodic one.

Front 35

Aaron Burr leases Treasury House to Hamilton for a term of 18 months beginning July 4, with the provision that either party may terminate the lease before the date fixed for termination. The lease is in writing. What is Hamilton's interest in Treasury House?

Back 35

Hamilton has a tenancy for years, the most common kind of tenancy. A tenancy for years is any leasehold estate that is to run for a fixed period. The option of the lessor or the lessee to terminate immaterial.

Front 36

King leases White House to Washington for $500 per month, subject to a written lease providing that "the landlord or tenant may terminate this lease upon 60 days' notice and penalty of one months' rent." At common law, what is the nature of the tenancy created by the lease?

Back 36

The lease impliedly creates a periodic tenancy- a lease of unspecified duration that is renewed automatically at the end of each "period" unless either lessor or lessee terminates it. Although the language does not expressly state a month to month periodic tenancy, due to the monthly payment of rent, such a period will be implied.

NOTE: It is not a tenancy at will because under a tenancy at will either the landlord or the tenant can terminate at any time. Here, notice is required. Under modern statutes, the short term tenant at will is entitled to notice prior to termination of the lease, which muddies the distinction between short term tenancies at will and short term periodic tenancies.

Front 37

In 1775, Washington grants Cornwallis a lease on the White House, which is to last until July 4, 1776. Because the lease does not specify the number of years or months of its duration, is it a periodic tenancy?

Back 37

No. Because the period of the lease can be determined by its termination date, it is a tenancy for years. A periodic tenancy is a tenancy of unspecified duration that continues until it is terminated by either the lessor or the lessee through proper notice. Wording like, "to Cornwallis for $500/month" would have created a periodic tenancy.

Front 38

The Ranger grants Yogi a lease to his property, Jellystone Park, to continue for 6 month periods until either one gives proper notice to terminate. The lease is silent as to a definite termination date. What kind of tenancy does Yogi have?

Back 38

An implied periodic tenancy. Such a tenancy arises in a lease of no set duration, which is subject to automatic renewal in the absence of proper notice of termination by the landlord or tenant. A periodic tenancy may also be expressly entered into (e.g., "to Yogi as a periodic tenancy at $1,000 every 6 months").

NOTE: If Yogi's lease had a fixed duration, it would be a tenancy for years. For instance, "to Yogi for 6 months from the date of this lease" would have created a tenancy for years.

Front 39

Victoria leases Buck House from George. The lease states only that the annual rent is $1,200, payable monthly; it is silent as to termination date. What type of tenancy does this create?

Back 39

A periodic tenancy from year to year, because the rent is stated annually. If it were stated on a monthly basis, the tenancy would be considered month to month.

The relevance of the year versus month period is notice on termination. If it's month to month, only a month's notice is necessary. If it is year to year, six months' notice is required. (Modern statutes generally require 30 days' notice, regardless of the period's length).

Front 40

Pittypat leases Melanie her house on Peachtree Street "until Ashley comes home from the war." (Ashley is currently an officer in the Army). What tenancy results?

Back 40

Majority view: A tenancy for years. The problem here is that there are no fixed dates to this lease, so it doesn't perfectly fit the requirements of a tenancy for years. However, because a tenancy for years isn't subject to termination by either party until the event determining termination occurs (usually, a date), it's closest to what the parties bargained for, as the other possible tenancies are terminable earlier.

Minority view: Lack of a fixed date means this isn't a tenancy for years, but instead a periodic tenancy, a tenancy at will, or, if the event is within the tenant's control, a life estate determinable.

Front 41

Marshall rents office space for a term of 2 years at $1,000 per month. Although the lease is in writing it was not witnessed by 2 people as state law requires. Is the lease valid?

Back 41

No, but a tenancy is still created. Although the parties intended to create a tenancy for years, instead what results is a tenancy at will (terminable at any time by either party). As soon as Marshall pays rent, the tenancy will become a periodic tenancy (automatically renewed unless either terminates), with the "period" being one month, based on the calculation of rent in the invalid lease.

Front 42

Wyatt Earp has the barn on his farm renovated so that it's livable. Doc Holiday agrees to rent the barn for $200 a month, with no fixed termination date for the lease. Nothing else is said about a lease. What kind of tenancy is created?

Back 42

A periodic tenancy arises by implication. The length of the period is determined by the rental period; here, the lease is month to month. The result is that the lease is automatically renewed from month to month, unless either Wyatt or Doc terminates (which would require a month's notice, because that's the rental period).

Front 43

Darth Vadar leases the Death Star to The Chancellor. The lease agreement is for "as long as The Chancellor desires it to continue". Does the agreement create a tenancy at will?

Back 43

Courts are split. Some courts imply a right to terminate in the landlord, thus creating a tenancy at will. Others say that the interest is a life estate determinable in the tenant, to end when he dies or otherwise gives up possession.

Front 44

Danny Ocean rents an apartment at the Hotel from Terry Benedict. The lease lasts one year. After 6 months, during which Ocean pays rent, he is evicted for failure to maintain the apartment as per the lease. Can Benedict successfully sue Ocean for the remaining 6 months' rent under the lease?

Back 44

No. When the landlord actually evicts the tenant, the lease terminates and rent ceases.

Front 45

Ross rents an apartment and keeps his pet monkey, Marcel there with him. Marcel learns to play the drums while Ross is not at home and bangs continually on the cymbals and bass drum, disturbing the other tenants. While Ross is at work one day, the landlord changes his locks. At common law, would this be permissible?

Back 45

Modern courts disagree over the use of self help. Even those that allow it find virtually no acts "peaceable" and self help is of questionable constitutionality anyway, due to the lack of notice and a hearing. If self help is not permissible and the landlord utilizes it anyway, the tenant is entitled to damages.

Front 46

King Henry leases 1,000 square feet of space at $1 per square food in Hampton Palace to Anne Boleyn for business use. Anne moves her business into the space. Thereafter, Catherine of Aragon realizes she has a prior lease, still in effect, as to 200 feet of Anne's space. Catherine moves her business into that space. Is Anne Boleyn liable for any or all of the rent under the lease?

Back 46

Anne is liable for her pro rata share of the rent- $800. When a person having paramount title (a title claim superior to that of the landlord preventing the use of contemplate by the landlord and tenant) evicts the tenant from a portion of the premises, there is a corresponding reduction in rent.

RELATED ISSUE: Say Anne had not yet signed the lease when Catherine's lease came to light. If Anne signed the lease knowing about the paramount title, she'd waive any rights relating to it.

RELATED ISSUE: Say Anne learned of the paramount title after she signed the lease, but before she moved in. Due to the possibility of eviction by Catherine, she could terminate the lease.

Front 47

Barney owns Blackacre. He grants a life estate to Ted on the condition that if he ever marries Robin, the estate shall revert to Barney. Ted leases Blackacre to Marshall. After Marshall moves in, he finds out about the life estate and its condition and he's nervous because Ted and Robin are living together again. May Marshall terminate the lease?

Back 47

No, even though Barney holds paramount title to the property. The implied covenant of quiet enjoyment is not breached until the holder of the paramount title asserts it and evicts the tenant. Thus, if Ted marries Robin or dies, the life estate is terminated and, if Barney retakes the property, Marshall can terminate because then he's been evicted and his quiet enjoyment of the property has been interfered with.

RELATED ISSUE: Say Marshall learned of the paramount title after he signed the lease, but before he moved in. Due to the possibility of eviction by Barney, he could terminate the lease.

Front 48

Jerry rents a 100 acre farm from Newman. The farm has several outbuildings, including a silo. Newman, without Jerry's consent, stores hay in the silo. How much, if any, of the rent may Jerry withhold until Newman removes the hay?

Back 48

All of it. Under these facts, Newman has breached his covenant of quiet enjoyment by actually (not constructively) evicting Jerry from a portion of the leasehold- namely the silo. The rule is that such a partial eviction by the landlord gives the tenant the right to withhold all the rent until possession of the leased premises in its entirety is returned. (This penalty is designed as an efficient way to protect the tenant)

RELATED ISSUE: Say Newman evicted Jerry from the whole property. His rent would cease, and he could treat the lease as terminated or else stop paying rent during the time of the eviction.

RELATED ISSUE: Say the silo was instead taken over by someone with paramount title- that is, someone with a better right to it than Newman (e.g., a prior tenant with a still valid lease on the silo). Jerry would be entitled to a partial rent abatement, meaning he'd have to pay rent only for the part of the property he continued to occupy.

Front 49

Scrooge leases an apartment to Bob. The lease contains a provision that the tenancy will forfeit if rent is not paid by the 15 day of each month. Bob regularly pays rent, and Scrooge accepts it, on the 25th day. After several years of this practice, Scrooge asserts that Bob has forfeited due to late rent and institutes eviction proceedings. What result?

Back 49

Scrooge will lose, due to waiver. When a landlord has been lenient in the past regarding defaults and does not give warning of his intention to demand strict compliance, he is held to waive the forfeiture.

Front 50

Charlie owns an apartment building. He lives in one apartment and leases the apartment next door to Rose. The steady stream of Charlie's loud and obnoxious guests coming and going all hours of the day and night make Rose's life unbearable. At common law, must Rose pay her rent?

Back 50

No, due to constructive eviction. Charlie, as landlord, has breached the implied covenant of quiet enjoyment in Rose's lease by substantially interfering with her use and enjoyment of her leased premises. Rose's obligation to pay rent is dependent on this covenant, and so she need not pay her rent, but she must leave the premises within a reasonable period or she will have waived the construction eviction.

NOTE: The constructive eviction must result from either 1) acts of the landlord or his representative or 2) interference from common areas or from nuisances by other tenants, which will be attributable to the landlord.

Front 51

Mrs. Thornton rents an apartment at The Plaza. Eloise, Yuko, and Margarita, other tenants at The Plaza, frequently run through the halls banging on the doors of the other tenants and allow Eloise's dog and turtle to roam the halls. Mrs. Thornton can't stand it, but the landlord laughs it off and says there is nothing he can do. At common law, must Mrs. Thornton pay her rent?

Back 51

Probably not, due to constructive eviction- an act by the landlord or his representative that breaches the covenant of quiet enjoyment by substantially interfering with tenant's use and enjoyment of the leased premises. The issue here is the fact that the offenders are other tenants, not the landlord or his representative. However, an exception to the landlord/representative requirement exists for common areas (which the landlord controls), such that, if the interference takes place there, the landlord will be held responsible no matter who creates the interference. By allowing such behavior in common areas, which he has a duty to maintain, the landlord is breaching the implied covenant of quiet enjoyment.

Front 52

Harry Potter leases an apartment in the Hufflepuff complex, which has both wizard and muggle tenants. Harry moves into the unit next door to a muggle and uses it as the location for meetings of the Army. Harry and his friends are new wizards and tend to cause loud explosions and make magical creatures appear at unexpected times and in unexpected places, including inside some of the muggle residences. At common law, can the muggle neighbor have Harry evicted?

Back 52

Yes. Tenants have an implied duty of reasonable behavior, which includes the obligation not to unduly interfere with other tenants' enjoyment of their property.

Front 53

Charlie Brown leases an apartment from Pigpen. Pigpen leave all kinds of trash uncovered in the common areas, which creates a happy habitat for rats. Some of the rats from the trash make their way into Charlie's apartment. Despite repeated requests, Pigpen does nothing about the rats. At common law, is there a constructive eviction?

Back 53

Yes. A constructive eviction is an act/omission by the landlord or his representative, substantially interfering with the tenant's use and enjoyment of the premises. A landlord is also responsible for the common areas, such that if a tenant's premises are made uninhabitable from something emanating from common areas under the landlord's control, there's a constructive eviction. Pigpen's failure to handle the garbage is an omission that resulted in the rat invasion at Charlie's. Because a rat infestation makes the premises uninhabitable and the rats came from a common area under Pigpen's control, Charlie can suspend his rent or terminate the lease due to a constructive eviction.

Front 54

Santa Claus leases an apartment at the North Pole to the Reindeer family. During a cold snap, the building's pipes freeze and the Reindeers have no heat for a month. They remain in the apartment and stay warm by the light of Rudolph's shiny nose. The Reindeers refuse to pay their rent on grounds of constructive eviction. Will Santa Claus prevail in an action for back rent?

Back 54

Yes. The lack of heat would be considered a constructive eviction- an act/omission by the landlord or his representative, substantially interfering with the tenant's use and enjoyment of the premises. This would entitle the Reindeers to stop paying rent and terminate the lease if -and this is a crucial if- they vacated the premises within a reasonable time. Here, the Reindeers stayed on the premises, so they can't use the constructive eviction as a defense to Claus' rent claim.

NOTE: Reasonable time will be determined by a combination of facts and circumstances.