Question
Two years ago, Landlord and Tenant entered into an oral five-year residential lease of a one-bedroom, furnished apartment for $1,000 per month, payable on the
Two years ago, Landlord and Tenant entered into an oral five-year residential lease of a one-bedroom, furnished apartment for $1,000 per month, payable on the first day of each month. Tenant took possession of the property and paid the rent at the beginning of each month. Three weeks ago, on October 5, 2021, Tenant called Landlord and gave two weeks' notice of lease termination and said that she planned to move out of state permanently.
Two weeks ago, on October 19, 2021, Tenant vacated the apartment. Before doing so, she left a check for $1,000 on the kitchen table along with a note. The note stated, "This is the final rent I owe you for November 2021. That makes us all square. God bless."
- What type of tenancy did the oral lease agreement between Landlord and Tenant create? Please explain your answer.
- Did Tenant properly terminate the tenancy? Please explain your answer.
- Did the payment of the November 2021 rent make the Landlord and Tenant "all square?" Please explain your answer.
IRAC each issue, using an outline format.
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