Landlord-tenant law - Next Generation Bar Exam

  1. What is the implied warranty of habitability?
    A landlord's nonwaivable duty to keep residential premises fit for human habitation. Most jurisdictions recognize it for residential leases.
  2. What notice is required at common law to terminate a month-to-month periodic tenancy?
    One full period's notice, ending on the last day of a period. A year-to-year tenancy requires six months' notice at common law.
  3. What is the original tenant's liability for rent after assigning the lease?
    The tenant remains liable on the contract unless the landlord releases the tenant. Privity of contract survives assignment.
  4. What remedies are available to a residential tenant for breach of the implied warranty of habitability?
    Withholding rent, repairing and deducting the cost, terminating the lease, or recovering damages. Statutes may require notice to the landlord and a reasonable time to repair.
  5. What is the difference between an assignment and a sublease?
    An assignment transfers the entire remaining term; a sublease transfers less than the entire term. The landlord and assignee are in privity of estate, but the landlord and subtenant are not.
  6. A tenant's lease is assigned to an assignee who fails to pay rent. From whom may the landlord recover the rent?
    From either the original tenant or the assignee. The original tenant is liable in contract and the assignee in privity of estate.
  7. What are the elements of constructive eviction?
    Substantial interference by the landlord, notice and failure to cure, and vacating within a reasonable time. A tenant who remains in possession cannot claim constructive eviction.
  8. What is the general rule on a landlord's tort liability for injuries on leased premises?
    The landlord is generally not liable, subject to exceptions such as common areas, latent defects, and negligent repairs. Many jurisdictions now apply a general duty of reasonable care.
  9. What is a tenancy at sufferance?
    A tenancy arising when a tenant holds over after the lease ends without the landlord's consent. The landlord may evict the holdover tenant or elect to hold the tenant to a new periodic tenancy.
  10. Under the modern majority view, what is the landlord's duty when a tenant abandons the premises before the lease ends?
    To make reasonable efforts to mitigate damages by reletting. At common law, the landlord could let the premises sit vacant and recover rent.
  11. What is retaliatory eviction?
    An eviction motivated by the tenant's exercise of legal rights, such as reporting code violations. Statutes in most jurisdictions bar it and often presume retaliation within a set period after the complaint.
  12. What is the covenant of quiet enjoyment?
    The landlord's implied promise not to interfere with the tenant's possession. Actual or constructive eviction breaches the covenant.
  13. What are the four types of tenancies?
    Tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance. Each differs in duration and how it terminates.
  14. A tenant subleases to a subtenant for half of the remaining term. The subtenant fails to pay rent. From whom may the landlord recover rent directly?
    Only from the original tenant. The landlord lacks privity of estate and contract with a subtenant absent an assumption.

Study these flashcards