Landlord-Tenant Law

What is the default tenancy created when there is no express agreement between parties, but they are acting as though there is such agreement?

• term of years

• periodic tenancy

• tenancy at will

• tenancy at sufferance

Which type of tenancy runs for a fixed duration with a predetermined start and end date?

• term of years

• periodic tenancy

• tenancy at will

• tenancy at sufferance

Absent an agreement that says otherwise, ____________ may transfer that party's interests under the lease to another party.

• only the landlord

• only the tenant

• either the landlord or the tenant

True or False: during a sublease or assignment, the original tenant remains in privity of contract with the landlord.

• True

• False

True or False: under a sublease, the subtenant is in privity of estate with the landlord.

• True

• False

Which type of tenancy is created when two parties enter into an oral lease that violates the statute of frauds?

• tenancy at will, until the parties begin performing obligations and receiving benefits under the lease

• tenancy at will for the duration of the lease

• tenancy at sufferance

• periodic tenancy

What can a landlord do when the leasehold estate has ended but the tenant remains in possession without the landlord's permission?

• accept a new lease

• self-help (lockout the tenant)

• evict the tenant and claim damages

• accept a new lease or evict the tenant and claim damages

True or False: Most jurisdictions will allow a landlord to treat a holdover tenant as a tenant at sufferance even if the tenant was not at fault in creating the circumstances that led to the holdover.

• True

• False

How may a landlord implicitly agree to a new lease with a tenant at sufferance?

• Send signed acceptance letter via mail

• Accept rent from the tenant

• Hand over keys to the tenant

• Send tenant a lease agreement

Under the landlord's duty to deliver possession, is a tenant obligated to take reasonable steps to mitigate damage to the property?

• Yes

• No

• Sometimes