Landlord Tenant Relations In California Flashcards
1
Q
Which chapter of the California department of real estate online reference book covers landlords and tenants
A
Chapter 9
2
Q
Which agency publishes the California tenants handbook
A
Department of consumer affairs
3
Q
The California tenants handbook provides information about residential and commercial, landlord, and tenant laws
True or false
A
False
California tenants tablet covers, residential leasing only
4
Q
The California tenants handbook only covers tenant rights and responsibility
True or false
A
False
Covers landlord and tenant rights and responsibilities. Landlords have protections two and the DCA has those covered in it’s handbook.
5
Q
The online California DRE reference book provides information about residential and commercial, landlord, and tenant laws
True or false
A
True
6
Q
Listing agreement for rental agents
A
Authorization to list
Amount of rent
Compensation
Property disclosure
Agency disclosure
7
Q
Leasing disclosure, section 44
C.A.R residential lease
A
Agency disclosure is required for leases with durations greater than one year
If the property is a 1 to 4 unit residence or a commercial property, agency disclosure is required. When the box is checked, the agent must provide an agency disclosure form, this is the same form that the buyer and seller agents need to provide representing tenants and landlords really is a lot like representing buyers and sellers.
8
Q
Listing agents may only represent landlords
True or false
A
False
9
Q
Leasing agent may only represent tenant
True or false
A
False
10
Q
Listing agent and the leasing agent may be the same person
True or false
A
True
11
Q
A lease that has a term of a year or more requires rental agents to complete what type of disclosure form
Agency disclosure form
Lease term disclosure form
Property condition disclosure form
Rental condition disclosure form
A
Agency disclosure form
12
Q
Which of these statements about working with landlords and tenants is true
- A brokers license is required to represent landlords are tenants
- It is highly unusual for a real estate licensees to represent landlord or tenant in California.
- Rental agents must attain a leasing license
- Representing a landlord is similar to representing the seller
A
Representing a landlord is similar to representing the seller
13
Q
Which of the following would be a typical task of a rental agent?
- Advertising in a vacancy
- Collecting rent
- Repair in gear and tax reports for building owner
- Taking care of maintenance and repair
A
Advertising a vacancy
14
Q
Which of the following is true of agency disclosure?
- Agency disclosure is not required if a licensee represents both the tenant and landlord
- Agency disclosure is required for both landlords and tenants
- Agency disclosure is required for buyers and sellers, but not tenants are landlords
- A rental agent only has agency with landlords, so only landlords must be provided with a disclosure
A
Agency disclosure is required for both landlords and tenants
15
Q
Security deposit rules for tenant
A
- Deposit must be returned within 21 days of the tenant vacating
- Itemize list of deductions must be included
- If the owner has sold the rental property, the security deposit must be returned to the tenant, or transferred to the new owner for safekeeping, the tenant must be given contact information for the new owner
landlord, retaining security deposit is unlawful, and subject to damages of twice the amount of deposit, plus any actual loss of suffered by the tenant
16
Q
Limits for non-residential security deposit
A
There is no limit to the amount of a non-residential security deposit
17
Q
Deadlines and rules for returning commercial security deposit
A
- security deposit exceeding one months rent must be returned to the tenant within two weeks of the tenant vacating
- Amounts of less than one months rent must be returned within 30 days of the tenant vacating, after the deductions for completed repairs and cleaning
18
Q
It’s a townhouse is renting an unfurnished and the monthly rent is $2500. What is the maximum security deposit that can be collected?
A
$5000 up to two months rent unfurnished
Three months rent if it is furnished
19
Q
Furnished residential properties may require a security deposit equal to four months rent
True or false
A
False
20
Q
Commercial properties don’t have any limits on security deposits at all
True or false
A
True
21
Q
Residential security deposits must be returned within 21 days of the tenant vacating the property
True or false
A
True
22
Q
The rules for returning a commercial security deposit are identical to those for the residential property
true or false
A
False
23
Q
Only residential security deposits, require itemize list for withheld funds
true or false
A
False
24
Q
Rent control in California
Tenant protection act of 2019
A
- Landlords can only raise rent up to 10%
- “ just cause” for a tenant to be evicted, applies only for tenants who have lived in a unit for at least 12 months.
- tenant protection act of 2019 applies in general to multiunit buildings, excluding if the building is less than 15 years old, or is a single-family home, townhouse, condo, duplex, with one unit is occupied by the owner
- Landlords who take it vantage of exemption for properties younger than 15 years must give notice of that exemption in the lease
25
Evictions and “ just cause”
The tenant protection act makes landlords identify a “ just cause” did they make a tenant leave the rental unit?
- Failure to pay rent or perform under terms of lease
- Refusing to sign a new lease
- Committing waste or a nuisance
- Criminal activity on the property
- Sub leading that is in violation of the lease
The owner must compensate the tenant by providing one months rent as relocation expenses, my payment or waving the last months rent.
26
Costa Hawkins act
Statewide tenant protection act, not regulated under local ordinances. Prohibits rent controls on units built after 1995, protection for landlord, right then a rent control act.
Allow landlords to set rental price at their discretion after a tenant vacate the unit
Exact certain categories of rental units from any rent control, including condos, units with certificate of occupancy issued after 1995 and single-family dwellings
27
Does California state law control when rent may be increased and by how much?
- Yes, the state prohibits annual rate increase of more than 5% plus the rate of inflation for certain properties under the tenant protection act of 2019
- No, the Costa Hawkins act prohibits any rent control, except for single-family properties and condos
Yes, the state prohibit annual rate increase of more than 5% plus the rate of inflation for certain properties.
Both a state wide tenant protection act of 2019 and the Costa Hawkins act are in affect, but on a state wide basis for California, rent control is in place for certain properties as of January 2020
28
Prohibit annual rent increase of more than 5% plus the cost of living and requires “ just cause” for removing tenants
- costa Hawkins act
- Tenant protection act of 2019
Tenant protection act of 2019
29
Applies to local ordinances, protects vacancy, de control, and exams units, built after 1995 and single-family housing from rent control
- costa Hawkins act
- Tenant protection act of 2019
Costa Hawkins act
30
Is a rental agreement required for an RV park occupant
Yes, or no
No
The landlord has the right to vacate the tenant with a 72 hour notice
31
Which of these statements about mobile home tenancies is true?
- A mobile home licensee is required to serve as a mobile home rental agent in California.
- A mobile home, landlord and tenant rights and responsibilities are spelled out by the mobile home residency law
- Mobile home tenancies are exempt from residential landlord tenant laws
- Mobile home tenancies are subject to the same laws as commercial rentals
Mobile home, landlord and tenant rights and responsibilities are spelled out in the mobile home residency law
There’s no such thing as a mobile home, real estate, license, and other landlord and tenant laws apply, except when the mobile home lot is more specific
32
Your cousin Joe, owns a mobile home that he wants to sell, but the park owner told him to take down his for sale sign. He knows you are studying real estate, so he ask you for advice. Where do you recommend Jose start his research?
- Mobile home, landlord tenant relations
- Mobile home rent, and law
- Mobile home residency law
- RV park occupancy law
Mobile home residency law
33
Carla’s landlord raised her rent 12% over the previous years rental rate and gave her 45 days notice. Was this legal under California’s tenant protection act?
- No, landlords may raise rents more than 5% annually
- No, landlords may not raise rents more than 10% annually
- Yes, as long as he gets Carla 30 days notice of the increase
- Yes, provided the landlord give Carla the option to move into a less expensive unit
No, landlords me not raise rents more than 10% annually
34
Jake is saving up to move out of his parents house. If you find an unfurnished rental for $1000 per month, what is the most he will need to have saved up for the security deposit?
- $1000
- $2000
- $3000
- $4000
$2000
35
When can the landlord enter the rental unit?
Emergencies
Tenant move out or abandonment
To make needed repairs or improvements
To show the unit to prospective tenants, purchasers, lenders
To conduct an initial inspection before the end of the tenancy
To provide entry to Contractor’s or other workers
Under court order
To perform a waterbed Inspection to ensure it meets illegal installation requirements
36
What is landlord reasonable notice of entry?
Must give date, approximate time and purpose of entry
Normal business hours 8 to 5 weekdays
Hand delivery of notice to tenant
Notice posted on tenants door
Mailing notice to tenant at least six days prior
24 hours advance written notice is considered reasonable
**exempt, emergencies, abandonment, or moveouts, or agreed orally within the prior week**
37
Landlord obligations
Maintain habitability of the unit prior and during
Waterproofing and protection from weather
Plumbing, gas, he and electric systems
Provide clean and sanitary, building and grounds
Ensure safety of doors, stairway, and railings
Provide a working toilet, bathtub, shower, sinks
Offering natural lighting in every room, windows that open, except where there’s ventilation fan
Provide fire, emergency exits
Provide operable, deadbolt locks and smoke detectors
Making repairs as agreed to in the rental agreement
38
Tenant remedies
When landlords fail to meet their obligations
- Property does not meet legal requirements of habitability
- Defect was not caused by the tenant, or the tenants, family, guest, or Pat
- Tenant informed the landlord of the needed repairs, and writing or orally
- Tenant provided the landlord, a reasonable period of time to make the repairs
39
Tenant remedies
Repair and deduct
Tenant me make required repairs and deduct the cost from rent, to the amount of one months rent. The repair and deduction method may be used up to twice in one 12 month period
40
Tenant remedies
Abandonment
When the landlord fails to meet their obligations, the tenant may opt to move out of the property and return all keys to the landlord. This is when the cost of repairs is greater than one months rent. The same requirements for the repair and deduction remedy, apply, except that there’s no limit to the cost of the repair, nor is there a minimum.
41
Tenant remedies
Rent with holding
When the landlords fail to meet their obligations, tenants may opt to withhold rent, all or Sam, if the landlord does not fixed effects, that defeat habitability. The amount may be withheld is not specified by law, and should be discussed with a lawyer, by any amount withheld should be saved. Play any without money in escrow.
42
Landlord obligations are to make repairs as demanded by the tenant?
Landlord obligation
Not a landlord obligation
Not a landlord obligation, the landlord is only obligated to maintain habitability and whatever repairs for agreed to in the lease
43
Tenant obligations
Pay rent, take care of premises, and meet additional requirements described in the lease or rental agreement
- Keep promises is clean and sanitary
- Dispose of all rubbish, garbage, and other waste and clean and sanitary manner
- Properly operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition Permits
- Do not permit any person on the premises with the tenants permission, to willfully or wantonly, destroy, devicees, damage, and pair or remove any property that is part of the dwelling unit or fixture
- To use the portions of property for a living, sleeping, cooking, dining purposes, as their intended to be used
44
Landlord remedies for breach of contract
- Right to maintain lease in effect, and sue for monthly rent
- Termination of lease, and tenants obligation to pay rent, procedure to an unlawful detainer lawsuit
- Unlawful, detainer a.k.a. infection, a legal process
45
Landlord remedies if tenant stops paying rent and landlord, Sue’s for monthly rent due
- Termination of lease
- maintain lease and affect
- Unlawful detainer
Maintain lease in affect
46
Landlord remedies when tenant destroys property and landlord, cancels tenancy
- Termination of lease
- Maintain lease in effect
- Unlawful detainer
Termination of lease
47
Landlord remedies, when tenant won’t move out after landlord has served a notice the landlord will begin legal process of eviction
- Termination of lease
- Maintain lease in effect
- Unlawful detainer
Unlawful detainer
48
Tenant improvement
Is an amendment to property that increases its value.
49
Tenant fixture
Alteration that is permanently fixed, or cannot be removed without causing damage to the property
50
Tenant improvement
trade fixtures
Attachments to the property for commercial use, are not considered real property. Example built in jewelry, case by jeweler must be removed when vacating. Tenant will be required to remove trade fixtures in such a way that does not cause damage to the least premises.
51
Fixtures
A light that hangs from the ceiling
Alterations that cannot be removed without damaging the property
A toilet
52
Commercial landlord liability
Generally not liable for inquiries, resulting from the condition of the premises, unless agreed and lease that states, the landlord will maintain all or part of the premises, make repairs to defective item and question, or landlord has control over the defective item and question
53
If a townhouse is sold by the landlord, that a tenant is living in, and the landlord takes possession of the property, who is obligated to fulfill the terms of the lease with the tenant
The new landlord assumes the lease along with the new property
54
Liability for payment of rent after transfer
The landlord could go after either either replacement, tenant or old tenant. A tenant who assigns a leads to another party, is not off the hook for rent if a new tenant fails to pay.
55
Which of these scenarios includes a landlord using the right to terminate a lease after breach a contract?
- India, mystery rental payments, and her landlord sue to collect
- No pets are allowed at Hartford arms. Bob has been worn twice, and now his landlord told him to move out.
- Steve is continually taking other tenants parking spaces the landlord find him one months rent
No pets are allowed at Hartford arms. Bob has been worn twice, and now his landlord told him to move out.
When Elise is terminated, the tenant bus vacate, and is no longer obligated to pay rent
56
Which of the following circumstances would likely constitute an emergency, giving a landlord, the right to enter a tenants premises without notice?
- Curiosity
- Inventory of valuables for building insurance
- Prevention of property destruction
- Spot check for cleanliness
Prevention of property destruction
57
What is a way a landlord can deliver reasonable notice of need to enter the property?
Personally, deliver notice to the tenant 24 hours before entry
58
Which of these statements about transfer of interest and rental property by a landlord is true?
- It is illegal for a landlord to transfer interest in a rental property while a lease is in effect
- The existing lease is a unforeseeable, unless it is renewed by the new landlord
- There are two ways, a landlord, me transfer and trust: subleasing or assignment
- The tenant retains the same rights and responsibilities that were provided by the original lease
The tenant retains the same rights and responsibilities that were provided by the original lease
The landlord, me sell a rental property at any time, and any existing lease is remain in effect
59
Which of these fits the description of the” rent deduction” remedy?
- Ken found out Liz Neighbor was paying $10 less than he was, so he began detecting that amount from his rent
- The landlord, and fix the plumbing after the tenant provided notice, so the tenant hired a plumber and deduct the cost from the rent
- The landlord refuse to replace the stain carpets after the tenants cats made a mess on them
- The wagon wheel light fixture wasn’t the tenants taste of the tenant, replaced it and build a landlord
The landlord didn’t fix the plumbing after the tenant provided notice, so the tenant hired a plumber, and deduct it from the cost from the rent
60
A renewal lease agreement
The word knew is in renewal , means a new lease, whereas an extension rarely extends the current lease
61
Lease extension
Continuation of the current lease, end, absent a written agreement to the contrary, the parties are assume to be operating under the same terms as the original lease. This will happen if the lease ends, and the landlord continues to take rent from the tenant. In that case, it’s a month-to-month agreement.
62
This is a new lease
Lease renewal
63
This is a continuation of a lease
Lease extension
64
This is Elise provision that must mean specific requirements to be enforceable
Automatic lease extension
65
If the landlord wants to include an automatic lease extension in the lease, the closet must appear in the list at least three times
True or false
False
66
If a lease extension clause is included it must be an at least 12 point boldfaced type
True or false
False 8 point bold face tight
67
Is a lease with an automatic lease extension clause the tenant must provide the landlord with the amount of notice specified if the tenant chooses not to renew. If the tenant fails to provide that notice, the tenant will be bound to the lease for the extended lease period
True or false
True
The tenant must give notice to cancel the lease extension
68
Expiration of lease
When the lease expires, it reaches the end of its lease term
69
Rescission of lease
A lease is rescinded when both parties agree to the end of a contract
70
Terminated lease termination
Elise terminated occurs when one party exercises a right to cancel the lease or when an event outside the control of the landlord and tenant makes it impossible for the lease agreement to continue
71
An apartment building is condemned under eminent domain and tenants move out
Termination
Rescission
Expiration
Termination
72
Two parties agree that the rental agreement isn’t working out and decide to cancel the lease
Termination
Rescission
Expiration
Rescission
73
A townhouse is destroyed in a fire, and the tenant chooses to end the contract
Termination
Rescission
Expiration
Termination
74
Implied warranty of habitability
Implies that the property is horrible and fit for its intended use
75
Retaliation
Act of revenge for speaking up about poor living conditions
76
Default judgment
A judgment entered by a court against a defendant, who has failed to respond to a notice of default or other claim
77
Writ of possession
Order to sheriff to obtain possession of property, and deliver it to the plaintiff
78
Relief from forfeiture
Many quarts will provide equitable relief from forfeiture of the tenancy if the tenant pays the rent old within a reasonable time
79
Appeal
Legal request to forestall or reverse an infection proceeding
80
Stay of enforcement
Stop, the enforcement of an action pending the outcome of the appeal process
81
Active revenge for speaking up about poor living conditions
Retaliation
82
Order to sheriff to obtain possession of property, and deliver to plaintiff
Writ of possession
83
Many courts will provide equitable relief from forfeiture of the Tennessee if the tenant pays the rent old within a reasonable time
Relief from forfeiture
84
Stop, the enforcement of an action pending the outcome of the appeal process
Stay of enforcement
85
Members of the military are mentioned in the evictions section of the California tenant handbook because special rules apply in this instance. What summarizes the special rule for tenants in the military?
To qualify their ability to pay rent must be negatively affected by military service. The monthly rent oh cannot be greater than $2400 a month
Service members and their dependence may be entitled to a state of affection for up to 90 days. If the monthly rent is $2400 or less, after adjustments for inflation, and their ability to pay rent is adversely affected by military service.
86
How much notice must a month-to-month tenant receive before being removed from a rental property that is sold in foreclosure?
90 days
87
Tenant who possesses a foreclosed property under a fixed lease, the buyer can’t give notice if the child of the person who, previously on the forclose property is the lease
True or false
False
Actually, this is a case where the buyer can give notice
88
Hey, fixed term lease that was executed before the property was sold in foreclosure will remain in effect as is, unless specific conditions apply
True or false
True
89
The buyer of a foreclosed property may provide 90 days notice to the tenant if the buyer is moving into the property
True or false
True
90
The buyer of a foreclosed property may give 90 days notice to a tenant with a fixed term if the rent is below market value
True or false
True
91
A buyer of a foreclosure house cannot give notice if the child of the person who, previously on the forclose property is the leasee
True or false
False the buyer can give notice
92
Protecting tenants at foreclosure in California
If a tenant of a property that’s undergoing foreclosure, remember that 90 is the magic number. Tennis must be given at least **90 days to vacate**.
_Tenants a fixed term leases must be given through the term of the lease in most cases._
93
Barb has six months left on her lease when the house is sold in foreclosure. The buyer is planning to move in, which may happen how soon?
- In 120 days
- In 60 days
- In 90 days
- In six months when the original lease term expires
In 90 days
94
Which of these accurately describes a lease extension?
- A landlord may impose a lease extension on a tenant
- A lease extension is a continuation of the current lease
- A lease extension is a new lease
- A lease, extension occurs as a result of fraud
A lease extension is a continuation of the current lease
95
Jake is unhappy that his lease was extended automatically. What lease provision should Jake review closely to ensure it is enforceable?
- Automatically’s creation clause
- Automatic lease extension clause
- Automatic lease renewal clause
- Non-cancellation clause
Automatic lease extension clause
96
California allows a state of addiction for up to 90 days for military tenant who meet certain criteria and cannot pay rent as a result of———-?
- Foreclosure
- Honorable discharge
- Military expenses
- Military service
Military service
A service member may be entitled to a delay of eviction when their ability to pay rent is negatively affected by their military service. To qualify, the monthly rent must be $2400 or less, as adjusted by the housing price. Inflation adjustment.
