Property: Landlord-Tenant Law

What type of leasehold estate continues for a fixed period of time and terminates automatically without notice?

A tenancy for years continues for a fixed, ascertainable period of time and terminates automatically at the end of the term without requiring notice from either party.

What type of leasehold estate continues for successive intervals until properly terminated by either party with notice?

A periodic tenancy continues for successive intervals (e.g., month-to-month) until either the landlord or tenant gives proper notice of termination.

What leasehold estate is created when a tenant wrongfully holds over past the expiration of their valid lease?

A tenancy at sufferance is created when a tenant wrongfully remains in possession of the property after their lawful lease has expired.

Under the Statute of Frauds, when must a lease be in writing to be legally enforceable?

Under the Statute of Frauds, a lease must be in writing to be legally enforceable if its term is for more than one year.

What are the three types of waste a tenant has a duty to avoid committing on the leased premises?

A tenant has a duty to avoid voluntary (affirmative) waste, permissive (neglectful) waste, and ameliorative waste (unauthorized improvements).

Under modern common law, what is the tenant's duty regarding rent if the leased premises are destroyed by forces of nature without the tenant's fault?

Under modern common law, if the premises are destroyed without the tenant's fault, the lease is terminated, and the tenant is excused from paying future rent.

What implied warranty requires a landlord to maintain residential premises in a condition fit for basic human habitation?

The Implied Warranty of Habitability requires landlords to maintain residential premises in a condition fit for basic human habitation, typically tied to local housing codes.

Does the Implied Warranty of Habitability apply to commercial leases, and can it be waived by the tenant in a residential lease?

The Implied Warranty of Habitability applies only to residential leases, not commercial leases, and it generally cannot be waived by the tenant.

What are the four primary remedies available to a tenant if a landlord breaches the Implied Warranty of Habitability?

If a landlord breaches the Implied Warranty of Habitability, a tenant may move out and terminate the lease, repair and deduct costs, reduce or withhold rent, or remain and sue for damages.

What implied covenant guarantees that neither the landlord nor someone with paramount title will interfere with the tenant's peaceful possession of the premises?

The Covenant of Quiet Enjoyment guarantees that the tenant will not be disturbed in their peaceful possession and use of the premises by the landlord or someone claiming under the landlord.