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Real Estate > Chapter 6 - Leasehold Estates > Flashcards

Chapter 6 - Leasehold Estates Flashcards

1
Q

A couple’s apartment lease has expired, but their landlord has indicated that they may remain on the premises until a sale of the building is closed. The tenants will be charged their normal monthly rental during this period. The tenancy held by the tenants is called …

A

an estate from period to period.

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2
Q

Generally, an oral lease for five years is

A

unenforceable

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3
Q

Rent is BEST defined as

A

the consideration for the use of real property.

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4
Q

A tenant leases a heated apartment, but the landlord fails to provide heat because of a detective central heating plant . The tenant vacates the premises and refuses to pay any rent. This is an example of …

A

-constructive eviction

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5
Q

All of the following tenancies involve a lessor-lessee relationship EXCEPT

  • tenancy at will
  • tenancy in common
  • tenancy from month to month
  • tenancy from year to year
A

-tenancy in common

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6
Q

Under the provisions of a typical commercial lease, any trade fixtures that remain in the property after the lease has expired will be the property of

A

the lessor

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7
Q

Which of the following will terminate a lease?

  • Sale of the leased premises
  • Death of the tenant
  • Abandonment of the leased premises by the tenent
  • Expiration of the term of the lease
A

-Expiration of the term of the lease

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8
Q

The authority to carry out the eviction of a delinquent tenant from rented property is held by the

A

the court

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9
Q

A tenant’s lease has expired, but the tenant has not vacated the premises or negotiated a renewal lease, and the landlord has declared that he does not want the tenant to remain in the building. This type of occupancy is called an estate…

A

at sufferance

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10
Q

A commercial lease does not specifically indicate who is responsible for making repairs to the premises. The expense of making such repairs is generally

A

paid by the lessee

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11
Q

When a tenant sublets all or any part of the premises rented under a written lease, the …

A

original lease is unaffected unless it contains a provision that prohibits such subletting.

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12
Q

All of the following would acquire title to real property EXCEPT…

  • a grantee
  • a devisee
  • a vendee
  • a lessee
A

a lessee

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13
Q

The principal difference between an estate for years and an estate from year to year is that an estate …

A

-estate from year to year has no expiration date.

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14
Q

a lessee who pays some or all of the property expenses has a

A

-net lease

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15
Q

The covenant implied in a lease that ensures that the tenant will not be evicted by someone claiming ownership of the property prior to that of the lessor is the covenant …

A
  • of quite enjoyment
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16
Q

According to the written one-year lease, the tenancy will expire on May 1. To obtain possession as of that date, the landlord must give the tenant…

A

-no notice

17
Q

The owner of real estate who leases it to another is called the

A

lessor

18
Q

A lease that will terminate within one year of its inception

A

can be verbal

19
Q

Which if the following is the BEST definition of actual eviction?

  • The right of a landlord to use the rental premises
  • The enforcement of a court order to remove a lessor
  • The landlord’s reversionary right in the rental premises
  • The enforcement of a court order to remove a lessee.
A

-The enforcement of a court order to remove a lessee.

20
Q

When a tenant holds possession of a landlord’s property without a definite lease term but with the consent of the landlord, this is called

A

tenancy at will

21
Q

In the event that it is necessary, how might a landlord remove a tenant from the premises?

A

-File an eviction

22
Q

If a leased building collapsed and the tenant was forced to move out, this could be called,

A

-constructive eviction

23
Q

When a tenant has an estate for years

A

no notice is required to terminate the lease at the end of the term.

24
Q

A lessee is in possession of property under under a tenancy at will. Which of the following is TRUE?

  • The lessee has not received the consent of the landlord to possess the property.
  • The tenancy will terminate if the lessee dies
  • The tenancy was created by the death of the lessor.
  • The tenancy has a definite termination date.
A

-The tenancy will terminate if the lessee dies

25
Q

Under a gross lease for a jewelry store, the lessee may be requested to pay

A

a percent of sales

26
Q

Although tenant’s lease does not terminate for five or more years, the premises have become too small to accommodate the tenant’s growing business. Another business owner is interested in leasing the premises from the tenant for three years. Which of the following would the parties MOST LIKELY use for the tenant to lease the space to the business owner?

  • An assignment
  • A Novation
  • A Sublease
  • A Tenancy at sufferance
A

-A Sublease

27
Q

A young couple with a toddler and an infant want to lease an apartment in a complex that is occupied primarily by adults. The rental agent shows the couple apartments only on the first floor. Which of the following is TRUE?

  • The rental agebt is protecting the other adults from the disruption of the children.
  • The rental agent should charge a higher security deposit for this family,
  • The rental agent should have suggested that the couple look elsewhere.
  • The rental agent should have inquired about the couple’s preference for apartments.
A

-The rental agent should have inquired about the couple’s preference for apartments.

28
Q

The landlord’s lease prohibits tenants from altering the property in any way. A young women who uses a wheelchair cannot maneuver over the doorstep into the apartment by herself. Nor can she use her wheelchair in the bathroom. Which of the following is TRUE?

  • The landlord is responsible for making all apartments accessible to people with disabilities.
  • The tenant cannot remedy these conditions because of the terms of the lease.
  • The landlord should not have rented this apartment to the tenant.
  • The tenant is entitled to make the necessary alterations.
A

-The tenant is entitles to make the necessary alterations.

29
Q

A lease agreement is signed by a lessee who is 17 years of age. Which of the following is TRUE?

  • A 17 yeat old person cannot sign a lease.
  • The lease agreement is voidable
  • The lease agreement is valid provided the security deposit is increased.
  • The lease agreement is void.
A

-The lease agreement is voidable

30
Q

An individual rents an apartment for one year. The landlord sells the building during the one-year lease term. What effect does the sale have on the lease ?

A

-The sale does not effect the lease.

31
Q

What is the purpose of a security deposit?

A

Repair damage to the property caused bu the tenant.

32
Q

The lessor and lessee have agreed to a lease term of five years. How can the lessor ensure that the rental income during the term reflects the market conditions?

A

Negotiate an index lease

33
Q

What is the maximum amount of security deposit that a residential landlord may charge for the first year?

A

up to two months rent

34
Q

A tenant who transfers all rights for the remaining term of the lease to a third party is …

A

assigning the lease

35
Q

Under the negotiated term of a residential lease, the landlord is required to maintain the water heater. If a tenant is unable to get hot water because of a faulty water heater that the landlord has failed to repair after repeated notification, all of the following remedies would be available to the tenant EXCEPT

  • suing the landlord for damages
  • suing the landlord for breaching the terms of the lease
  • abandoning the premises under constructive eviction
  • terminating the lease agreement
A

-Suing the landlord for breaching the terms of the lease

36
Q

The leasehold interest that automatically renews itself at each expiration is the

A

tenancy from period to period

37
Q

The death of either the landlord or the tenant will terminate the lease and the parties’ heirs will NOT be bound by its terms under a …

A

tenancy at will

38
Q

The tenant leases a heated apartment, but the landlord fails to provide heat because of a defective central heating plant. The tenant vacates the premises and refuses to pay rent. This is an example of …

A

constructive eviction

39
Q

When the lease is signed, the landlord retains

A

a reviersionary right to possesion

Real Estate (22 decks)

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