Landlord leased a warehouse to Tenant for a one-year term ending June 30. Tenant failed to vacate and stayed through July 12 while moving equipment. Landlord immediately objected but accepted a check labeled "July rent"...
Citations: Common-law landlord-tenant doctrine
Landlord leased a storefront to Tenant for five years. The lease required $4,000 monthly rent and barred assignment without Landlord's consent. After two years, Tenant transferred "all my remaining lease rights" to Opera...
Citations: Common-law landlord-tenant doctrine
Landlord leases an office to Tenant from January 1 to December 31. What leasehold estate is created? A periodic tenancy. A tenancy for years. A tenancy at sufferance. A tenancy at will. This item tests landlord-tenant do...
Citations: Common-law landlord-tenant doctrine
...assigns a lease to Assignee. The lease contains a rent covenant, and Landlord never releases Tenant. Who remains liable on the lease contract? The original tenant remains liable to Landlord on privity of contract unless...
Citations: Common-law landlord-tenant doctrine
Tenant offers an email she sent Landlord saying, "Water is leaking from the ceiling," not to prove water was actually leaking, but to prove Landlord had notice before a later ceiling collapse. What is the best hearsay ru...
Citations: Federal Rule of Evidence 801(c)
Tenant remains after a lease expires without Landlord's consent. What may Landlord generally do? Landlord may treat the holdover as a trespasser or elect a new tenancy, subject to limits. Tenant automatically receives a...
Citations: Common-law landlord-tenant doctrine
Tenant sues Landlord for retaliatory eviction. Tenant offers a voicemail from Landlord saying, "Your lease is terminated as of Friday." Tenant also offers a text from another tenant saying, "Landlord is angry because you...
Citations: Federal Rule of Evidence 801(c), Federal Rule of Evidence 105, Federal Rule of Evidence 403
Tenant sues Landlord over a lease renewal. Tenant cannot find the signed renewal. Tenant offers Landlord's deposition testimony that "the renewal said rent would stay at $2,000 through June." Landlord objects that Tenant...
Citations: Federal Rule of Evidence 1007, Federal Rule of Evidence 1008
Landlord leased a three-story building to Cafe for five years. Landlord retained control of the exterior stairs used by all tenants and promised in the lease to maintain them. Landlord also knew before leasing that a hid...
Citations: Common-law landlord-tenant doctrine
...tatement is most accurate? The subtenant is in privity of estate with Landlord for the entire master lease. A sublease transfers the whole remaining term. The original tenant has no continuing relationship with Landlord...
Citations: Common-law landlord-tenant doctrine
...never tenants. Removing all fixtures is always waste. This item tests landlord-tenant doctrine in a bar-style real-property fact pattern. Common-law landlord-tenant doctrine
Citations: Common-law landlord-tenant doctrine
...caused water to enter the bedroom whenever it rained. Tenant notified Landlord three times. Landlord sent a worker who placed a tarp but did not repair the roof. Mold developed, and Tenant moved out six weeks after the t...
Citations: Common-law landlord-tenant doctrine
...s never owed if any defect exists. Repair duties always belong to the landlord in every lease. Habitability applies to all commercial leases. This item tests landlord-tenant doctrine in a bar-style real-property fact pat...
Citations: Common-law landlord-tenant doctrine
...ause the document uses transfer language. It is a license because the landlord did not sign it. It is an assignment because Tenant transferred the entire remaining lease term. It is a tenancy at sufferance. This item tes...
Citations: Common-law landlord-tenant doctrine
A landlord offers a handwritten rent note allegedly written by a tenant. The landlord's assistant testifies that she processed the tenant's handwritten maintenance requests for two years before the dispute and recognizes...
Citations: Federal Rule of Evidence 901(b)(2), Federal Rule of Evidence 901(b)(3)
Before a stair collapse, Tenant emailed Landlord, "The third step is cracked." Tenant offers the email only to prove Landlord had notice of a claimed defect, not that the step actually was cracked. What is the best hears...
Citations: Federal Rule of Evidence 801(c)
...nt must repair material damage caused by removing trade fixtures. The landlord must bear all damage because trade fixtures are tenant property. Removal damage proves the item was never a trade fixture. The tenant may des...
Citations: Common-law fixture doctrine
A landlord orally tells a tenant that rent may be paid on the 10th of each month instead of the 1st. After six months of accepting payment on the 10th, the landlord abruptly declares a forfeiture on the 2nd without warni...
Citations: Restatement (Second) of Contracts secs. 84, 246
A landlord orally tells a tenant that rent may be paid on the 10th of each month instead of the 1st. After six months of accepting payment on the 10th, the landlord abruptly declares a forfeiture on the 2nd without warni...
Citations: Restatement (Second) of Contracts secs. 84, 246
A tenant offers a screenshot of a text message from the landlord. The tenant testifies that she personally took the screenshot from her phone, that it accurately reflects the message thread, and that the landlord used th...
Citations: Federal Rule of Evidence 901(a), Federal Rule of Evidence 1002
A tenant sued her landlord in federal court alleging that the landlord entered her apartment, stole jewelry, and discriminated against her based on national origin. Before filing, the tenant's lawyer interviewed the tena...
Citations: Fed. R. Civ. P. 11, Fed. R. Civ. P. 26(g)
A tenant sued her landlord in federal court alleging that the landlord entered her apartment, stole jewelry, and discriminated against her based on national origin. Before filing, the tenant's lawyer interviewed the tena...
Citations: Fed. R. Civ. P. 11, Fed. R. Civ. P. 26(g)
...sitor falls on a broken stair in a hallway retained and maintained by Landlord for all tenants. Which rule applies? Landlord is never liable for any injuries after possession transfers. Landlord is liable only if the ten...
Citations: Common-law landlord-tenant doctrine
...a burning kitchen, while coughing and trembling, a tenant says, "The landlord stacked paint cans next to the stove." The tenant later cannot be found. The statement is offered against the landlord. What is the best ruli...
Citations: Federal Rule of Evidence 803(2)
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