ch 20 quizzes Flashcards
A lease is both a contract and a conveyance
true
“a lease is a contract that sets forth the terms of the tenancy, and also a conveyance that transfers the right to use and possess the property from the landlord to the tenant”
estate for years AKA ___
term tenancy
4 types of tenancy
(1) Term tenancy (aka estate for years)- Fixed dates of beginning to ending dates
(2) Periodic - No fixed ending date. Auto renews, and terminates only when a party gives notice of termination (created by express agreement)
(3) At Will- no specified payment or period
(4) At Sufferance- breach lease, at mercy of landlord
T/F: an estate for years has to last for at least 2 years
False
An estate for years has a definite beginning and ending date BUT it does not have to last for one or more years.
T/F: a tenant who stays in her apartment after her 12-month lease ends and continues to pay rent has a __tenancy at will__
False
“the landlord’s acceptance of rent after the end of a term tenancy will convert this into a periodic tenancy”
T/F: a tenant who moves in and pays rent without signing the lease is considered to have accepted its terms
true
“the landlord’s signature is required as evidence that she agreed to the lease contract. The tenant usually signs as well, but his acceptance can be demonstrated by occupying the property and paying rent according to the lease terms”
T/F: if the lease for a periodic tenancy does not specify when rent is due it is due at the end of the rental period
true
rent for a month-to-month tenancy would be due at the end of the month. However, most landlords specify in the lease agreement that rent is due at the beginning of the period
T/F: landlords are free to require tenants to pay rent in cash
False
“a landlord can require payment in cash only if the tenant’s check bounced or was returned, because the tenant had insufficient funds or stopped payment on it”
T/F: a lease for more than a year must be in writing
True
“the statute of frauds requires a lease to be in writing if the term is longer than one year”
T/F: in a term tenancy, the landlord can increase the rent at any time
False
“the landlord cannot increase the rent during a term tenancy unless the lease specifically permits it”
when a landlord neglects her duties to such an extent that the tenant suffers a substantial interference with the use or habitability of the premises, a ____occurs
constructive eviction
quizlet
https://quizlet.com/507470825/lesson-20-flash-cards/
The warrant of ___ Is the landlord’s obligation to provide a safe, weatherproof dwelling with working utilities.
habitability
“except in emergencies the landlord’s ___ is subject to an advance notice requirement”
right of entry
The covenant of ____ is the landlord’s obligation not to interfere with the tenant’s use of the property
quiet enjoyment
In the case of serious defects, the tenant may resort to ___rent withholding and place payments in an escrow account until the problem is addressed.
rent withholding
A ___ occurs when a landlord evicts a tenant because the tenant made legitimate complaints
retaliatory eviction
If the landlord doesn’t repair a significant defect, then the tenant may perform the repairs and deduct the expense from the rent.
the ____ remedy may be used only twice in any 12-month period.
repair and deduct
The person who typically receives the new tenant’s rent when only part of a tenancy is transferred = ___
sublessor
The new tenant in a sublease typically pays rent to the original tenant, the sublessor, who in turn pays rent to the landlord
A(n) ___ = substitution of a new tenant in a lease contract, releasing the original tenant from his obligations
novation
“a novation is a new contract that allows the original tenant to escape liability for the actions of an assignee or a subtenant”
a lease may require___ to consent to a transfer of the tenancy
landlord
“most leases either prohibit assignment and subleasing or require the landlord’s consent to a transfer”
___ = The transfer of an entire leasehold.
Assignment
“in an assignment, the tenant transfers the entire leasehold to a new tenant”
a lease of part of the rental unit to a new tenant for the entire remaining lease term = ___
Sublease
“a sublease may involve either subleasing only part of the unit, or subleasing the entire unit for only part of the remaining lease term”
A new tenant who takes over the remainder of a lease = a(n) ___
Assignee
T/F: the tenant in a fixed-term lease must give notice of termination when the lease ends
False
a term tenancy simply ends on the agreed termination date
T/F: Just cause for a landlord to terminate a tenancy includes the tenant damaging the premises
True
“fault-based just cause for eviction exists if the tenant has committed a material breach of the terms of the tenancy. This includes damage to the property”
T/F: a landlord must try to re-rent a property if the tenant abandons it
True
“the landlord has a duty to make a good faith effort to find a new tenant for the property”
T/F: the required notice of termination for a periodic tenancy is usually one rent payment period
True
T/F: the landlord may not remove any personal property left behind by a tenant who has abandoned the property
True
“the landlord may move the tenant’s personal property, but is required to store it in a safe place and notify the tenant of her right to reclaim it”
T/F: a tenant being evicted for unpaid rent may stop the eviction by paying the rent
True
“tenants may have the right to cure the default and avoid eviction”
T/F: a landlord may evict a tenant by changing the locks
False
if the landlord prevails in an unlawful detainer action, to force the tenant to leave, he must request a writ of possession from the court
if the landlord prevails in an unlawful detainer action, to force the tenant to leave, he must request a writ of possession from the court
“the landlord should request a writ of possession, which the sheriff will serve on the tenant. The sheriff can physically remove the tenant and his possessions from the premises after 5 days
