Ch 18 Flashcards
What is the only legal way to evict someone?
Court Order
What are the differences between constructive eviction and actual eviction? Which one is legal?
Constructive- when LL make RE uninhabitable so tenant will move (turns off heat, h2o, elect., etc)- illegal
Actual-
a) court order (legal)
b) LL puts tenant’s stuff on street & changes locks (illegal
What is it called when the when LL make RE uninhabitable so tenant will move (turns off heat, h2o, elect., etc)?
Constructive Eviction
What happens if a tenant is legally evicted and still doesn’t leave?
NYC marshall removes tenant
What is a % lease?
When tenant pays a % of sales in addition to rent in order to save money
Q. Sam’s store pays $12,000/ year rent. Overage is 7.5%. If Sam’s sales are $150,000 this year, what is his total rent?
A. $12,000.
Find Breakpoint:
Rent/Overage=Breakpoint
12k/7.5%=160k (breakpoint)
150k sales < 160k (did not reach breakpoint)
What is a store that attracts shoppers to the center?
The Anchor (Mall: Macy’s vs Claire’s)
What is the “anchor” at a shopping center?
The larger store that attracts shoppers
Where would you be likely to see cluster zoning?
A PUD
What is a PUD?
Planned Unit Development
What is cluster zoning and where are you likely to see it?
Diff kinds of uses in the same area (sky scraper + house + apt building); a PUD
What is a net lease of industrial property?
Tenant pays tax, insurance, and maintenance in return for low rent
What is it called when tenant pays tax, insurance, and maintenance in return for low rent?
Net Lease
Where would you see a net lease?
Single tenant retail or industrial (i.e. Walgreens in ESB = no net lease; Walgreens in Buffalo= net lease)
What is the difference between agency and property manager?
agency= rep someone
prop mngr= rep owner