Ca Bar Exam July 2007 Q1 My Answer

Ca Bar Exam July 2007 Q1 My Answer

  • Submitted By: pcwpcw
  • Date Submitted: 02/23/2014 4:11 PM
  • Category: Miscellaneous
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Larry (LL) v. Tanya (T)

1. On what theory could Larry reasonably assert a claim to recover rent from Tanya for March and April?
A lease is a present possessory estate in land that transfers rights to exclusive possession for definite space to the tenant and leaves a reversion to the landlord/lessor. A lease is an agreement or contract between the parties setting the rights and duties between the parties (LL and T).
Here, there is a lease because the LL and T had a written lease. Here, there was a lease amount because the T had to pay $500.00 per month payable in advance to the LL. Here, there was a physical description of space because the LL was leasing to the T a four room office space on the 12th floor of a brand new 20-story office building. Here, there was a stated period of time that the lease began between LL and T because the lease commenced on July 1st 2006. Here, there were rights and duties between the T and LL because the LL was to provide essential services to T’s suite. Here, there is no term of the lease because the LL and T did not set out a term in the written lease. In this case, there must be a determination of the type of leasehold that involves these parties. Thus, this claim is met.
Type of Leasehold
Under property law, there are four types of estates: Tenancy for Years, Tenancy at Will, Periodic Tenancy, and Tenancy at Sufferance
Here, there was no mention of which type of lease occurred between T and LL.
Tenancy for Years
Tenancy for years requires an estate for a fixed time that automatically terminates by the terms of the lease, leaving a reversion for the landlord.
Here, there was no tenancy for years because the lease was not for a fixed period of time between these parties. Thus, this claim fails.

Tenancy at Will
Tenancy at will requires an estate that is for no fixed period.
Here, there is no tenancy at will because there is a formal written agreement between the LL and T. Here, there was a...

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