Deck 6: Landlord and Tenant

Question 1

What duty does a tenant have to an invitee?

Answer 1

With declining number of people owning their own homes, laws involving rights, duties, and obligations of individuals who are involved in non-free hold estates is growing gradually. Property can be divided into freehold estates, non-freehold estates, and leasehold estates.
An invitee is the person who is wanted on the premises for any specific purpose which is known by the landowner. If an invitee comes onto the premises of the tenant for any business purposes, then the tenant owes a duty of reasonable care to the invitee. The tenant is required to make reasonable inspection of the premises so as to discover the defects and take reasonable steps to rectify the defects in advance. However, no such duty is needed in case there is a trespasser using the property.

Question 2

What is an eviction?

Answer 2

With declining number of people owning their own homes, laws involving rights, duties, and obligations of individuals who are involved in non-free hold estates is growing gradually. Property can be divided into freehold estates, non-freehold estates, and leasehold estates.
A leasehold is a type of possessory interest in the property but cannot be considered as an ownership interest in that property. It is an estate in the real property which is held by tenant under lease. All the rights and obligations of the landlord and the tenant is determined on the basis of terms and conditions mentioned in the lease. A tenant is the person or any corporation, who rents the real property from the landlord i.e. the owner of the property who is also known as the lessee. A landlord should fulfill the following duties:
1. The landlord has the duty to deliver possession of the premises to tenant pursuant to the lease agreement.
2. The landlord should not interfere in the day to day living of the tenant and should prevent the tenant from enjoyment of the right to use the property reasonably.
3. The landlord should also maintain the leased property in good repair conditions, including an implied warranty of habitability.
If the landlord does not keep the premises in good repairs, or if the premises is not kept in a condition to live comfortably, then the tenant has the right to leave the premises. Under such a situation, the tenant is not liable to face any consequences because of the doctrine which is known as constructive eviction. As per this doctrine, the tenant is not liable to face any fine or penalty for eviction without giving any prior notice.

Question 3

What is leasehold?

Answer 3

With declining number of people owning their own homes, laws involving rights, duties, and obligations of individuals who are involved in non-free hold estates is growing gradually. Property can be divided into freehold estates, non-freehold estates, and leasehold estates.
A leasehold is a type of possessory interest in the property but cannot be considered as an ownership interest in that property. It is an estate in the real property which is held by tenant under lease. All the rights and obligations of the landlord and the tenant is determined on the basis of terms and conditions mentioned in the lease. Leasehold is a non-freehold estate and includes periodic tenancy, tenancy for years, tenancy at will, and tenancy at sufferance. This lease determines the parties involved, terms and conditions of the relationship, the time period of relationship, the rights of termination, and the signatures of the parties.

Question 4

List the duties of a tenant.

Question 5

List the duties of a landlord.

Question 6

What is the difference between an assignment and a sublease?

Question 7

What is a tenancy in years?

Question 8

What is significant about a tenancy at will?

Question 9

List the four types of tenancies and their most significant features.

Question 10

What is a security deposit?

Question 11

How is a periodic tenancy created?

Question 12

What is a tenancy at sufferance?

Question 13

What can a landlord do if a tenant holds over the term of the lease?

Question 14

What is an assignee ?

Question 15

How is it that a tenant can still be liable for rental payments on a lease if he has assigned his rights and interest in the leased premises?