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Real Property: Landlord Tenant | Hands-Free Bar Exam Prep (MBE) - YouTube
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hi everyone welcome back to hands-free
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studying for the MBE brought to you by
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brainscape these upcoming property
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questions cover landlord-tenant law okay
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let's get started
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[Music]
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question 1 what is a leasehold estate
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and what are the four types of leasehold
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estates a leasehold estate is a mistake
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created and governed by a lease between
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the parties the four types are a tenancy
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for years periodic tenancy tenancy at
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will and lastly a tenancy at sufferance
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question - what is a tenancy for years a
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[Music]
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tenancy for years can also be called a
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term for years a fixed term tenancy or
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an estate for years
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[Music]
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question 3 when is a tenancy for years
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required to be in writing if the lease
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is longer than one year then it must be
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in writing to satisfy the statute of
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frauds question four when does a tenancy
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for years
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terminate
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a tendency for years terminates
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automatically at the end of the fixed
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period or ends date
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question 5 what is a periodic tenancy a
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periodic tenancy is one that
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automatically renews at the end of the
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period with no set end date for example
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a month-to-month lease ok question 6 how
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is a periodic tenancy created there are
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three ways to create a periodic tenancy
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the first is by Express agreement the
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second is by implication so for example
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if there's no explicit end day in the
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agreement then it's implied that you
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have a periodic tenancy and the third is
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by operation of law for example if you
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have a holdover tenant or if you have an
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invalid lease then you will have a
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periodic tenancy question 7 what is a
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holdover tenant holdover tenant is
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someone who overstays their lease
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without the landlord's consent holder
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four tenants can also be called a tenant
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at sufferance
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question eight what actions can a
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landlord take if they have a holdover
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tenant if the landlord has a holdover
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tenant they generally have two options
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they can first refuse to accept payment
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from the holdover tenant at which point
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the tenant will become a tenant in
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sufferance and then the landlord can
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evict them or you can bind the tenant to
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a periodic tenancy by either accepting
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the rent or giving notice to the
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holdover tenant question 9 what is the
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effect if a landlord accepts rent from a
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holdover tenant if the landlord accepts
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rent from a holdover tenant then a
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periodic tenancy is created for that
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payment period question 10 can the
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landlord raise the rent for a holdover
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tenant in a periodic tenancy yes the
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landlord can raise the rent for a
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holdover tenant as long as the landlord
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gave notice to the tenet before the
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original lease expired and that's the
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