Chapter 11: Landlord and Tenant Flashcards
constructive eviction
The actions of a landlord that so materially disturb or impair a tenant’s enjoyment of the leased premises that the tenant is effectively forced to move out and terminate the lease without liability for any further rent
covenant of quiet enjoyment
The covenant implied by law by which a landlord guarantees that a tenant may take possession of leased premises and that the landlord will not interfere in the tenant’s possession or use of the property
estate at suffereance
The tenancy of a lessee who lawfully comes into possession of a landlord’s real estate but who continues to occupy the premises after the lease has expired against the landlord’s wishes
estate at will
An estate that gives the lessee the right to possession until the estate is terminated by either party; the term of this estate is indefinite and no prior notice to terminate is needed.
estate for years
A possessory interest in property for a definite period of time leased for a specified consideration
estate from period to period
A possessory interest in leased property that automatically renews from period to period - week to week, month to month, or year to year; notice is necessary to terminate. Also called periodic tenancy
fixed lease
Also called gross lease
A lease of property under which a landlord pays all property charges regularly incurred through ownership, such as repairs, taxes, insurance, and operating expenses. Most residential leases fall under this category
full-service lease
A commercial lease where tenants share in overall operating expense for the common areas of the building. Usually rent is paid as a base amount plus a prorated share of the complex’s operating expenses
graduated lease
A commercial lease that contracts for pre-set rental increases over the lease period
gross lease
Also called fixed lease
A lease of property under which a landlord pays all property charges regularly incurred through ownership, such as repairs, taxes, insurance, and operating expenses. Most residential leases fall under this category
ground lease
A lease of land only, on which the tenant is usually required to build as specified in the lease. Such leases are usually long-term net leases
holdover tenant
A person who retains possession of leased property after the lease has expired; the landlord may continue to accept rent or start eviction procedures
implied warranty of habitability
A theory in landlord/tenant law in which the landlord renting residential property implies that the property is habitable and fit for its intended use
index lease
A commercial lease that allows the periodic adjustment of rent based on a named index such as Consumer Price Index (CPI)
law of negligence
If a tenant or guest is injured on the landlord’s rental property, the landlord, and his/her agent, may be held liable due to their responsibility to maintain common areas and comply with the Residential Rental Agreement Act
lease
A written or oral contract between a landlord (the lessor) and a tenant (the lessee) that transfers the right to exclusive possession and use of the landlord’s real property to the lessee for a specified period of time and for a stated consideration (rent)
leasehold estate
Also called nonfreehold estate
A tenant’s right to occupy real estate during the term of a lease, generally considered a personal property interest
lessee
tenant
receiver of lease
lessor
landlord
giver of lease
net lease
A lease requiring that the tenant pay rent plus some or all of the property charges, such as taxes, insurance, utilities, and repairs
North Carolina Vacation Rental Act
An act that establishes uniform rules for landlords, tenants, and their agents involved in the handling of short-term rentals under 90 days in length where the tenant has a primary residence elsewhere.
novation
Substituting a new contract for an old one or substituting new parties to an existing contract
periodic tenancy
A possessory interest in leased property that automatically renews from period to period - week to week, month to month, or year to year; notice is necessary to terminate. Also called estate from period to period
Residential Rental Agreements Act
The state law that mandates delivery of habitable residential rental units; obligations of the landlord and the tenant are mutually dependent. Provides tenant with rights and remedies such as the Retaliatory Eviction Doctrine
retaliatory eviction
Illegal eviction of a tenant that has exercised protected rights under the law
sandwich lease
The sublessor’s (original lessee’s) interest in the real estate
security deposit
A payment by a tenant, held by the landlord during the lease term and kept (wholly or partially) on default or destruction of the premises by the tenant
self-help eviction
Illegal eviction practices used by landlords instead of lawful use of summary ejectment
sublease
The leasing of premises by a tenant to a third party for part of the lessee’s remaining term
summary ejectment
Legal eviction procedure heard before a magistrate for removal of a tenant that has breached the lease terms
Tenant Security Deposit Act
The state act that regulates the amount and use of money that can be required as a security deposit and how the landlord holds that deposit. The maximum amount of the deposit depends on the term of the tenancy
percentage lease
A commercial lease , commonly used for retail tenants; rent is based on the tenant’s gross sales at the premises. There is usually a small base monthly rental plus a percentage of any gross sales above a certain amount.
trade fixture
An article installed by a tenant under the terms of a lease and removable by the tenant before the lease expires
