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5 Cards in this Set
- Front
- Back
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1. Larry Landlord leased a commercial building to Tenant for a term of three years. The lease commenced on August 1 and concluded on July 31 three years later. Rent was stated to be $24,000 annually, payable in monthly installments, due on the first of each month, of $2000. About one year after Tenant commenced occupancy, Tenant wrote to Landlord giving the latter thirty days written notice of her intent to terminate the lease.
Based on the foregoing, it is most likely that: |
(d) Since this is a term of years tenancy, notice is ineffective to terminate the lease.
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2. Lowlife Landlord leased his home to Thuglife Tenant for one year. The lease commenced on January 1 and concluded on December 31, with rent being payable monthly. On January 1 following the end of the term, Thuglife was still in possession and tendered to Landlord a check for one month’s rent. Lowlife refused to accept the check, and sued to evict Thuglife.
Based upon the foregoing, it is most likely that: |
(d) Landlord may evict Tenant and recover the rent stipulated in the original lease for the time of tenant’s holdover, or hold Tenant to an additional one-year term.
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3. Landlord leased an apartment to Tenant on a month-to-month basis for $1,000 per month. When the lease commenced on June 1, Tenant attempted to move into the premises, but was prevented from doing so by the previous occupant, who was wrongfully holding over.
Based upon the forgoing, it is most likely that: |
(c) If the so-called English rule is followed in the jurisdiction, Tenant may sue Landlord for breach of the lease agreement and may also recover any damages arising out of the lease. Tenant may also sue the holdover tenant to evict him.
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4. Landlord leased an apartment to Tenant for $500 per month. Landlord orally explained to Tenant that he normally received $800 per month; but, since there were some problems with the place he would reduce the rent if Tenant would take the premises as is. Tenant agreed; and the written, signed lease so provided. Upon moving in, Tenant found that the toilets did not work, there was not hot water, and the apartment was infested with rats and cockroaches. Tenant requested that Landlord cure these deficiencies, but lowlife refused, citing their agreement.
In most jurisdictions which imply a warranty of habitability into lease agreements, it is most likely that: |
(b) Landlord is liable for these conditions, since Tenant did not effectively waive the warranty.
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5. Lowlife Landlord leased an apartment to Tenant for $500 per month. Lowlife orally explained to Tenant that he normally received $800 per month; but, since there were some problems with the place he would reduce the rent if Tenant would take the premises as is. Tenant agreed; and the written, signed lease so provided. Upon moving in, Tenant found that the toilets did not work, there was not hot water, and the apartment was infested with rats and cockroaches. Tenant requested that Landlord cure these deficiencies, but lowlife refused, citing their agreement. Assume for this problem only that Lowlife is responsible for the conditions on the premises, and that Tenant has given Landlord reasonable notice.
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(c) Tenant may treat the lease as breached, move out, and sue for consequential damages, or Tenant may remain in possession and withhold rent.
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