1. How is a tenancy terminated in each of the following types of leases? a. Tenancy for years b. Periodic tenancy C. Tenancy at will d. Tenancy at sufferance 2. What is the difference between a gross lease and a modified gross lease? 3. You are a business tenant. Unfortunately, business has been slow, and you are forced to close your business. You have four years remaining on your lease. The landlord refuses to terminate your company's obligations under the terms of the lease. You find a replacement tenant for the landlord, and the landlord agrees to an assignment of the lease from your company to the new tenant. After the assignment, what is your company's remaining liability, if any, to the landlord? 4. Brian applies to become a tenant in an apartment complex designed for families with children. While he is filling out the application, the project manager asks him if he has any children or is married. Although he is dating, he is not married and does not have any children. After completing the application, he is told that his application is denied because he isn't the type of person the apartment community desires. Does Brian have a claim against the apartment community over how they select tenants?5. Janet had a lease with her landlord from January 1 through December 31 of the current year. The lease contained a provision that after December 31, if the tenant stayed in possession and the landlord accepted rent, a month-to-month tenancy would be created. Janet stayed in the premises for an additional three months after December 31, and thereafter the landlord gave notice to terminate the lease. The termination of the lease was effective on April 30. Janet was unable to find another apartment timely and continued to stay in the apartment until May 4, when she was able to obtain another lease and move out of the apartment. How would you characterize the types of tenancies Janet had during her entire stay in the apartment? 6. Felix has been leasing his apartment on a month-to-month basis for the past three years. He has an oral lease with his landlord. Recently, he has had a few disagreements with the landlord, who has stated that Felix is lucky because the lease Felix has with the landlord needs to be in writing to be enforceable, and the landlord has just been accommodating Felix by allowing him to stay. Is the landlord correct? Must the lease be in writing to be enforceable? 7. You represent a commercial landlord. She has always used modified gross leases in the past, believing there is no real difference between a modified gross lease and a triple net lease. Why is a triple net lease more advantageous to a landlord? 8. Julie moved into Manor Estates in September, at which time she was told her apartment had central heat and air. It is now December, and the temperatures have dropped to almost freezing levels. Julie quickly realizes that the heat in her apartment does not work. Julie has contacted her landlord several times to discuss this issue, and each time he simply ignores her request for repairs. What remedies does Julie have against her landlord?9. Jermaine rents an apartment from Luci. Before he signs the lease and moves in, the building manager, Nancy, tells him the pipes throughout the building are being repaired and replaced, so there may be intermittent hours during which he will not have running water. The repairs are not anticipated to last more than two weeks. One day, Jermaine tries to take a shower and is unable to do so because he has no water. Can Jermaine terminate the lease and allege constructive eviction? Can Jermaine allege a breach of the implied warranty of habitability? 10. Landlord Larry rented out a second-floor apartment, which included a balcony, to Tenant Tom. A section of the railing on one side of the balcony became loose. Tom notified Larry of the loose railing, and Larry repaired the loose railing on one side of the balcony. Larry did not inspect or repair any other sides of the balcony. Two weeks later, Alex, Tom's best friend came for a visit; when he leaned against the balcony railing, it collapsed. Alex fell and was seriously injured when the railing gave way. As a guest, rather than a tenant, should Alex be entitled to recover damages against Larry for failing to reasonably inspect and repair the balcony? 11. A shopping center was operated by Fields Commercial Enterprises. Each of the tenants rented the premises under leases that included common area maintenance (CAM) expenses. The CAM provision in the lease stated, "Tenants shall be responsible for all costs incurred by lessor relating to the ownership and operation of the project." After several years, several tenants sued Fields Commercial Enterprise, asserting that the CAM charges were excessive. Among the required CAM expenses were the costs to renovate the property when the landlord replaced concrete with brick and stone to beautify the property. Are the tenants responsible for these expenses?12. Research whether your state requires any adyance notice to terminate a tenancy at will. 13.Research to determine if your cityr has a rent control ordinance. Prepare a memorandum summarizing the rent control ordinance; and be sure to attach the rent control ordinance to your memorandum. Do you belieye the rent control ordinance is fair to both landlords and tenants? 14. One frequent argument against rent control ordinances is that they lead to the deterioration of existing housing because the restrictions, by reducing the landlords\" reyenuesy lead landlords to substantially reduce maintenance and repairs. Is the practice of rent control worthwhile? How should cities balance the equities between tenants and landlords? 15. Research if your state has a law regarding housing discrimination. Be ready to discuss its provisions during class