49: Landlord-Tenant Law and Land Use Regulation Flashcards
nonfreehold estate
an estate where the tenant has a righ to possess the real property but does not own title to the property
leasehold estate
a tenant’s interest in property
landlord / lessor
an owner of real property who transfers a leasehold
tenant / lessee
the party to whom a leasehold is transferred
tenancy for years
a tenancy for real property created when a landlord and a tenant agree on a specific duration for a lease
periodic tenancy
a tenancy of real property created when a lease specifies intervals at which payments are due but does not specify how long the lease is for
month-to-month tenancy
a periodic tenancy of real property where length of the tenancy is one month
tenancy at will
a tenancy created by a lease of real property that may be terminated at any time by either party
tenancy at sufferance
a tenancy created when a tenant retains possession of property after the expiration of another tenancy or a life estate without the owner’s consent
wrongful possession
a situation that occurs when a tenant retains possession of property after the expiration of a tenancy or a life estate without the owner’s consent
eviction proceeding / unlawful detainer action
a legal process that a landlord must complete to evict a holdover tenant
duty to deliver possession
a duty a landlord owes to deliver possession of the leased premises to the lessee
exclusive possession
a lessee’s exclusive right to leased premises for the term of the lease or until the tenant defaults on the obligations under the lease
duty not to interfere with a tenant’s right to quiet enjoyment
a duty that a landlord owes to a tenant not to interfere with a tenant’s right to quiet enjoyment of the leased premises
covenant of quiet enjoyment
an implied covenant that says a landlord may not interfere with the tenant’s quiet and peaceful possession, use, and enjoyment of the leased premises
wrongful eviction / unlawful eviction
a situation that occurs when a landlord, or anyone acting with the landlord’s consent, interferes with the tenant’s use and enjoyment of the property a violation of the covenant of quiet enjoyment
constructive eviction
a wrongful eviction that occurs if a landlord causes the leased premises to become unfit for the tenant’s intended use (e.g., by failing to provide electricity) and the tenant leaves the premises
duty to maintain the leased premises
a duty of a landlord to maintain the leased premises as provided in the lease, by express law, and as implied by law
implied warranty of habitability
a implied warranty that provides that leased premises must be fit, safe, and suitable for ordinary residential use
duty to pay rent
gross lease
a lease in which the tenant pays a gross sum to the landlord, and the landlord is responsible for paying the utilities, property taxes, and assessments on the property
modified gross lease
a lease in which the tenant pays rent and utilities and the landlord is responsible for paying the property taxes and assessments on the property
net lease
a lease arrangement in which the tenant is responsile for paying rent and property taxes
double net lease
a lease arrangement in which the tenant is responsible for paying rent, property taxes, and utilities
net, net, net lease / triple net lease
a lease arrangement in which the tenant is responsible for paying the rent, property taxes, utilities, and insurance
mitigation of damages
a nonbreaching party’s legal duty to avoid or reduce damages caused by a breach of contract
duty to not use leased premises for illegal or nonstipulated purposes
duty not to commit waste
a duty of a tenant not to commit waste to leased premises that causes substantial and permanent damage to the leased premises. waste does not include ordinary wear and tear
duty not to disturb other tenants
assignment of a lease
a transfer by a tenant of his or her rights under a lease to another party
assignor
a tenant who transfers all of his or her interests under a lease to a new tenant by assignment
assignee
the new tenant to whom a tenant has transferred all of his or her interests under a lease by assignment
sublease
an arrangement in which a tenant transfers some of his or her rights under a lease to another party
fair housing act of 1968
a federal ststute that makes it unlawful for a party to refuse to rent or sell a dwelling to any person because of his or her race, color, national origin, sex, or religion
u.s. department of housing and urban development (HUD)
a federal cabinet-level department that enforces the fair housing act and other federal statutes and provides other government housing services
takings clause
a clause of the fifth amendment to the u.s. constitution that provides that the government may take private property from property owners for public use. the government must pay the owner of the property just compensation for the taking
eminent domain
the government’s power to takeprivate property for public use, provided that just compensation is paid to the private property holder
just compensation clause
a clause of the u.s. constitution that requires the government to compensate the property owner, and possibly others, when the government takes property under its power of eminent domain
