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43. Who should the lawyer say is entitled to possession?
The landlord has asked his lawyer for advice regarding the right to possession.
The fair rental value of the building is now substantially more than what the tenant has been paying, and the landlord recently found a third party who will pay the higher rent. When the tenant paid the rent six weeks ago, the landlord accepted the rent but told the tenant in writing that she had to vacate at the end of the month. The tenant, who is still in possession of the building, has informed the landlord that she does not want to move and is willing to pay the current fair rental value.
A landlord leased a commercial building to a tenant for five years. Rent was payable on the first day of each month, and the landlord retained the right to terminate the lease if the tenant defaulted. The lease term ended 18 months ago. However, the tenant has stayed in possession of the building and has continued to pay the rent on time. The landlord has continued to accept the rent.
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In this question's fact pattern, the tenant is a commercial holdover tenant, and the lease was originally five years long, which means the tenant now has a year-to-year lease. However, the original terms of the lease transfer to the year-to-year lease. One of the express terms of the original lease required the tenant to pay rent at the first of every month, or the landlord would have the option to terminate the lease. The fact pattern states that the tenant last paid their rent six weeks ago, meaning the rent is past due, thus the landlord can terminate the lease.
B is incorrect. Right to reenter is a concept applicable to defeasible estates, not landlord-tenant relationships.
C is incorrect. Although the tenant has stated that she is willing to pay the current fair rental value, the landlord has the right to terminate the lease due to the tenant not paying rent on time.
D is incorrect. Good cause is not required; the tenancy per the original lease agreement had already expired and the landlord had the right to terminate the year-to-year holdover commercial lease.