166
CHAPTER 44
LANDLORD AND TENANT
Answers to Learning Objectives
1. The relation of landlord and tenant is created by contract. The contract that creates the relationship
is called a lease and may be oral or written, express or implied, formal or simple.
Lesson Outline
1. The relation of landlord and tenant is created by a contract whereby one person agrees to lease land
or a building to another.
a. The owner of the property is known as the landlord or lessor.
b. The person who is given possession of the property is the tenant or lessee.
c. The contract between the landlord and the tenant is called a lease.
without permission of the landlord.
4. A lease gives the tenant certain rights as follows:
a. Right to possession
b. Right to use the premises
c. Right to sublease
5. Duties of the tenant follow:
a. To pay rent
b. To protect and preserve the premises
Chapter 44 Landlord and Tenant
167
9. Tenants frequently make improvements during the life of the lease. When disputes arise, the test to
determine whether the tenant may take the improvement is whether the improvement is temporary
or permanent.
Comments on Cases
(p. 530) The court gave Hinton’s exclusive right to possession priority over the landlord’s concern about
giving a key to someone who may have caused the damage to the property in the first place. The
landlord of course, retained the right to sue Hinton for damages to the property. Hinton v.
Sealander Brokerage, Co., 917 A.2d 95 (D.C.)
Answers to Questions
(Page 538)
1. No special words or acts are required unless the lease lasts for more than a year, in which case it
must be in writing.
2. A tenant differs from a lodger or roomer in that the tenant has the exclusive legal possession of the
property, whereas a lodger or roomer has merely the right to use the premises subject to the control
and supervision of the owner.
6. An assignment includes the entire premises and the assignee pays rent directly to the landlord. A
subtenant may lease only a portion of the premises or a portion of the time. Generally a subtenant
pays rent to the tenant, who then pays the landlord.
7. The landlord’s duty to mitigate damages means that if a tenant abandons the premises before the
end of the lease term, the landlord must try to secure a new tenant. Any damages the original tenant
owed will be reduced by the amount of rent paid by the new tenant.
168
10. Personal property that has not become a fixture, trade fixtures which can easily be removed without
substantial injury to the property, or any items specifically designated in the lease, must be removed
by a tenant at the end of a lease.
Answers to Case Problems
(Page 539)
1. No. While a tenancy at will could be created by payment and acceptance of rent, the relationship
must ultimately be based upon the agreement of the parties. The misunderstanding of this essential
term prevent the formation of the requisite intent to create a tenancy at will. The landlord was
entitled to increased rental payments. Cantarella Realty, Inc. v. Restorations, Inc., 2008
Mass.App.Div. 135
1094 (Conn. App. Ct.)
4. No. The court pointed out that the lease required Guastello’s consent only for structural changes
that impaired the structural integrity of the building. The lease specified that the building was
80,160 square feet and the garden shop was not included in that space. Kroger Ltd. Partnership I v.
Guastello, 628 S.E.2d 841 (N.C. Ct. App.)
5. Yes. The court said that when Amtech remained in possession of the premises after expiration of