Miscellaneous
What distinguishes a tenant at sufferance from a trespasser ab initio?
What is a tenant at sufferance initially had legal possession but remained after their rights expired, whereas a trespasser ab initio never had legal rights?
Under the English Rule, who can the new tenant sue if the landlord fails to deliver both legal and physical possession?
What is the landlord and/or the holdover tenant?
Can a tenant waive their rights under the implied warranty of habitability in exchange for a rent reduction? (Extra 25 points for correct explanation)
What is no?
Courts generally deem such waivers invalid as they violate public policy.
If a tenant assigns their lease in violation of a no-assignment clause, is the assignment automatically void?
What is no?
The landlord may choose to terminate the lease or sue for damages, but the assignment itself is not automatically void.
What is the difference between surrender and abandonment of the property?
What is surrender is the landlord accepting abandonment?
Does a landlord need to successfully relet the premises to be entitled to damages from a tenant’s early termination of the lease?
What is no.
The landlord only needs to make reasonable attempts to relet the premises and is not required to successfully relet to recover damages.
What type of repairs is a tenant responsible for during the lease term?
What are ordinary repairs to maintain the property’s condition?
excluding ordinary wear and tear
In a sublease, what type of privity exists between the sublessor and sublessee?
What is both privity of contract and privity of estate?
When a material lease provision is breached, what can the affected party do under the modern rule?
What is be excused from their lease obligations?
Besides eviction, what other retaliatory acts can a landlord not do if a tenant exercises their legal rights?
What is raising the rent or reducing tenant services?
What option(s) does a tenant have if the leased premises is destroyed without fault by either party under Majority View?
What is the tenant can terminate the lease?
(Common law holds that the lease continues in effect, and the tenant continues to pay rent.)
When a tenant acknowledges a new landlord and agrees to pay rent to them after the property is transferred, this process is called ____.
What is attornment?
What are the different types of evictions?
What are Court-Ordered/Summary Proceedings, Self-Help, Actual, Partial, Constructive, and Retaliatory Evictions?
What type of lease obligates the landlord to have full sole liability for defects that cause injury to the tenant?
What is a short-term furnished lease dwelling? (short term is three months or less)
What does a tenant owe during the holdover period if they remain in possession after their lease ends?
What is the reasonable rental value of the premises?
In an assignment, both the assignor and assignee remain liable for lease obligations unless this occurs.
What is novation?