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B law > Chapter 18 > Flashcards

Chapter 18 Flashcards

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1
Q

Most common type of tenancy

A

Tenancy for years

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2
Q

Tenancy for any period of time even if time is less than 1 year

A

Tenancy for years

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3
Q

Tenancy for automatically renewable periods of time

Month to month

A

Periodic tenancy

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4
Q

Tenancy with no specific time frame

Terminatable by either party at any time

A

Tenancy at will

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5
Q

Tenancy, wrongful posession of land by a tenant

A

Tenancy at sufferance

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6
Q

2 types of tenancy Missouri has

Tenancy for years
Periodic
Tenancy st will
Tenancy at sufferance

A

Tenancy for years

Periodic tenancy

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7
Q

______ covnenant is a material agreement in the lease, breach releases the non breaching party

Independent
Dependent

A

Dependent

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8
Q

Example of dependent covenant of tenant

A

Duty to pay rent

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9
Q

Example of dependent covenent for the landlord

A

Duty to provide possession

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10
Q

_______!covenant is an immaterial agreement in the lease, a breach does not release the other party from the lease

Independent
Dependent

A

Independent

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11
Q

A landlord did not make s minor repair is an example of

Independent
Dependent covenant

A

Independent

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12
Q

The tenant not keeping the premises in a clean condition is an example of a

Independent
Dependent covenant

A

Independent

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13
Q

Standard which the tenant must meet in order to continue occupancy of the property

A

Lease condition

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14
Q

Example of breach of lease condition

A

If lease says no more than 3 unrelated adults can live in an apartment , but you allow 6

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15
Q

Landlord 2 rights to possession

A

Reversionsry interest

Right of eviction

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16
Q

Future interest which allows the landlord s return of possession at the end of the lease

A

Reversionary interest

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17
Q

__________ causes possession to revert (return ) back to the landlord

A

Reversionsry interest

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18
Q

What is the right of eviction ?

A

Landlords right to remove tenant in event of breach of dependent covenant or lease condition

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19
Q

Landlords right to remove tenant in event of breach of __________ or _____

A

Dependent covenant or lease condition

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20
Q

_______ rule requires that the landlord give actual possession of the property to the tenant

English
American

A

English

21
Q

_______ rule requires landlord to only give s legal right to possession

English
American

A

American

22
Q

Under the ________ rule, if you were about to move in and the previous tenant still lived there, it is your duty to have them removed not the landlord

English
American

A

American

23
Q

The _____ rule is much preferable to the tenant

English
American

A

English

24
Q

Rule that majority states use including Missouri

English
American

A

English

25
Q

Eviction which occurs by eviction notice or legal action

A

Actual eviction

26
Q

Eviction in response to a complaint by a tenant to a housing authority

A

Retaliatory eviction

27
Q

Is retaliatory eviction wrong in states ?

A

Yes

28
Q

Abandonment by a tenant of residential real estate because the landlords actions gives no reasonable alternative

A

Constructive eviction

29
Q

To prove constructive eviction. (3)

A
  1. Substantial defect that makes it inhabitable
  2. Tenant notifies, landlord doesn’t do anything
  3. Tenant leaves
30
Q

Term used when something did not actually happen but it will be deemed to have happened because it seems fair under the circumstances

A

Constructive

31
Q

Is constructive eviction an actual eviction ?

A

No

32
Q

5 causes for eviction

A 
Nonpayment
Waste
Prohibited alterations
Unlawful use
Nuisance
33
Q

Intention or negligent damaging or real estate

A

Waste

34
Q

Requires a landlord to keep the leased property fit for human habitation

A

Implied warranty if habitability

35
Q

5 Clauses which require a tenant to make payment to a landlord

A 
Rent
Late payment penalties
Security deposits
Taxes/insurances
Repairs doe by landlord
36
Q

Transfer by the first tenant of all of his rights to a second tenant

A

Assignment

37
Q

First tenant in an assignment

Second tenant?

A

Assignor

Assigned

38
Q

Transfer of Part of a first tenants right to property to a second tenant

A

Sublease

39
Q

The first tenant in a sublease

The second tenant in a sublease

A

Sublessor

Sublessee

40
Q

T or F. In a sublease the first tenant has the right to evict the second tenant

A

T

41
Q

T or F. In an assignment, the first tenant doesn’t have the right to evict

A

T

42
Q

Notice of lease termination given by a landlord or tenant in a periodic lease

A

Notice to quit

43
Q

In a month to month lease, MO requires notice to be given ____________ to terminate the lease at the end of the month

A

Before the first day of the month

44
Q

In a year to year lease in MO, landlord must give ______ notice before the end of the lease year

A

60 days

45
Q

Tenant remains in possession of leased premises after the period in the lease

A

Holding over

46
Q

________ allows s landlord to keep property of the tenant as security for nonpayment of rent or for damages

A

Landlords lien

47
Q

In mo , landlords lien apples to

A

Crops

48
Q

In Mo, does a landlord have duty to mitigate ?

A

No unless they keep the security deposit

B law (4 decks)

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