Property II (Pre-Midterm) Review Questions and Correct Answers the Latest Update and Recommended Version
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Course
Property II
Institution
Property II
What are the Three Types of Leasehold Estates?
1. Term of Years
2. Periodic Tenancy
3. Tenancy at Will
What is a Term of Years?
A lease that is set for some fixed period of time, and does not require a notice of
termination.
On October 1, Landlord leases Blackacre "to Tenant for one yea...
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Property II (Pre-Midterm) Review
Questions and Correct Answers the
Latest Update and Recommended
Version
What are the Three Types of Leasehold Estates?
✓ 1. Term of Years
✓ 2. Periodic Tenancy
✓ 3. Tenancy at Will
What is a Term of Years?
✓ A lease that is set for some fixed period of time, and does not require a notice of
termination.
On October 1, Landlord leases Blackacre "to Tenant for one year, beginning October 1." On
September 30th of the following year, Tenant moves out without giving Landlord any notice.
What are Landlord's rights?
✓ None, Tenant wasn't required to give any notice under a Term of Years.
What is a Periodic Tenancy?
✓ A lease that continues for a recurring term that continues for succeeding periods until
either a landlord or tenant gives a notice of termination.
When seeking to determine the "period" of a Periodic Tenancy, what is the Majority Rule and
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✓ Majority Rule: Determined based on the manner in which rent is reserved (annual basis)
(Year-to-Year)
✓ Minority Rule: Determined based on which rent is paid (monthly basis) (Month-to-Month)
A month-to month period tenancy is inferred if you can't immediately tell from the language
which type it is. True of False?
✓ False, Year-to-Year would be inferred if you can't immediately tell what type of period it
is.
On October 1, Landlord leases Blackacre "to Tenant from year to year, beginning October
1." On September 30th of the following year, Tenant moves out without giving Landlord any
notice. What are Landlord's rights?
✓ Landlord will be able to charge Tenant for payment of an additional year of the lease.
The Landlord and Tenant entered into a "Year-to-Year" Periodic Tenancy, which requires
the Tenant to give the Landlord at least six months notice of termination of the lease.
For the Termination of a Periodic Tenancy, what is Common Law time notice needed for
termination of a Month-to-Month tenancy? What is the time period needed for the termination
of a Year-to-Year Tenancy? What is the Modern period of termination of a Year-to-Year
Tenancy?
✓ Month-to-Month: One month advanced notice
✓ Year-to-Year: Six Months advanced notice
✓ Modern Year-to-Year: Three Months advanced notice
A lease has no fixed terms, but has a rental amount of $24,000 per year, payable $2,000
per month. What type of lease is this? What is the minimum notice of termination for this lease
under both common law and under a modern approach?
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✓ This is a periodic tenancy that is year-to-year. If the tenant sought to terminate this lease,
they would need to give six month advance notice under common law and three months
notice under modern law.
Landlord leases the property to Tenant. The lease is for a month-to-month tenancy, starting on
the first day of the month. Tenant notifies Landlord on 11-16-01 of an 11-30-01 termination,
and Tenant leaves accordingly, paying no further rent. Landlord re-rents as of 4-1-02. No
governing statute or lease provision. Landlord sues Tenant for unpaid rent for the months of
12/01 and 1/02-3/02. What's the result?
✓ The Landlord can charge the Tenant for rent through the following month (12/31/01)
because the Tenant was required to give a notice of termination at least a month in
advance, and failed to do so.
What is a Tenancy at Will?
✓ A tenancy that states no fixed period of time, and will last as long as the tenant and the
landlord desire.
In the event of a Holdover Tenant, what two options does a Landlord have in seeking to fix
the issue?
✓ 1. Evict the Holdover Tenant; or
✓ 2. Consent to the creation of a new Tenancy, either expressly or implied by acts.
Who are the protected classes under the Federal Fair Housing Act?
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