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GA Real Property > Leasehhold estates (Landlord/tenant) > Flashcards

Leasehhold estates (Landlord/tenant) Flashcards

1
Q

Usufruct

A

When a lease is less than 5 years; tenant only has possession and use and ownership remains with the landlord

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2
Q

Estate for years

A

When a lease is more than 5 years. Tenant is the owner

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3
Q

How is a usufruct created?

A
  1. Created by lease agreement between landlord tenant
  2. Parties can create a usufruct with a longer term by mutual agreement
  3. Statute of Frauds requires a writing if term exceeds one year
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4
Q

Termination of a Usufruct

A
  • Ends automatically at the term
  • Notice of termination is not required
  • A tenant may terminate before the end of the term by surrender
  • Either party may terminate if the other has breached a material convenant
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5
Q

To terminate a tenancy at will, how many days’ notice is a landlord required to give?

A

60 days

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6
Q

To terminate a tenancy at will, how many days’ notice is a tenant required to give?

A

30 days

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7
Q

A landlord’s consent to a tenant remaining on the property converts a tenancy at sufferance to a ___________

A

tenancy at will

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8
Q

Three duties of tenant:

A
  1. Pay rent
  2. Do not commit waste
  3. Do not unjustifiably abandon the premises
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9
Q

When is a tenant not required to pay rent?

A

When the premises is destroyed or the landlord is in material breach of the lease agreement

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10
Q

In the event of unjust abandonment, a landlord may choose to:

A
  1. Terminate the lease
  2. Re-lease the premises; or
  3. Let the property remain vacant while collecting the agreed rent
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11
Q

T or F: A tenant may not cut down growing trees on the land absent the landlord’s consent

A

True

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12
Q

T or F: A tenant may not remove permanent fixtures on the land absent the landlord’s consent

A

True

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13
Q

T or F: A tenant may not use dead timber for firewood absent the landlord’s consent

A

False

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14
Q

T or F: A tenant may not let cattle graze on the land absent the landlord’s consent

A

False

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15
Q

When the landlord requires a deposit, what two options do they have?

A
  1. Place in an escrow account
  2. Keep a surety bond with the superior court clerk in the county where the property is located
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16
Q

How long does a landlord have to give the tenant a list of damages when the lease term is over?

A

Within 3 business days after the tenant vacates. Then the tenant has 5 business days to inspect the premises and dispute any of the claimed damages

17
Q

T or F: The landlord can keep a deposit for ordinary wear and tear

A

False

18
Q

When may a landlord keep a deposit:

A
  1. Abandonment
  2. Failure to pay rent
  3. Actual damages from the tenant’s breach of the lease agreement
19
Q

What is a tenant entitled if a landlord retains the deposit as a result of a bona fide error?

A

The landlord is liable to the tenant only for the amount of the deposit

20
Q

What is a tenant entitled if a landlord intentionally retains the deposit wrongfully?

A

The landlord is liable for triple the amount of the deposit, plus attorney’s fees

21
Q

A tenant can make repairs and seek either:

A
  1. Reimbursement; or
  2. Deduct from the future rent
22
Q

Elements of Adverse Possession

A
  1. Hostile
  2. Open & Notorious
  3. Continuous
  4. Exclusive
23
Q

Statutory period for adverse possession in Georgia

A

20 years

24
Q

Continuous: The period is ____ years when possession is under written evidence of title (i.e. color of title)

A

Seven

25
Q

Does payment of taxes, itself, establish adverse possession?

A

No

26
Q

What type of hostility does GA require?

A

Good-faith belief that the adverse possessor actually owned the property

27
Q

Implied warranty of fitness or suitability

A

The seller makes an implied warranty of workman-like construction.

Applies in the construction of a new home

As a caveat emptor (buyer beware) state, Georgia generally does not imply a warranty as to the condition of a new home

28
Q

What defects can a buyer recover in the construction of a home they’ve purchased?

A

Latent defects (i.e. those defects that would have had no reason to know about, but the seller did know or reasonably could have known)

29
Q

Liquidated damages

A

If a buyer breaches the contract, the seller can collect the liquidated damages unless the seller suffered no loss from the breach

30
Q

The seller of a home cannot connect liquidated damages unless:

A
  1. The injury caused by the breach is difficult or impossible to estimate
  2. The parties intend the damages to be compensatory and not punitive
  3. The amount of liquidated damages is reasonable
31
Q

Lien Theory Rule on Mortgages

A

Generally, in a lien theory state, the borrower is the owner, and the bank has a lien on the property

32
Q

Exception to the lien theory state rule

A

If the homeowner grants a security deed instead of a mortgage, the bank owns legal title

  • The bank must re-convey the property when the debt is satisfied
  • Generally, title reverts back automatically seven years after the debt matures
33
Q

T or F: Georgia has a statutory right of redemption after a foreclosure sale

A

False

34
Q

When can the mortgagee-bank bring a deficiency action?

A

When the sale is reported to the superior court of the county in which the land is located within 30 days of the sale

35
Q

Execution of deed (witnesses) general rule

A

the grantor’s signature on the deed need not be witnesses or notarized

36
Q

Unless a deed is going to be recorded electronically, you must have either:

A
  1. one witness and one legal official (notary public, judge, clerk) OR
  2. Acknowledgment by the grantor in the presence of a legal official
37
Q

What is required for personal property to be considered a fixture?

A

The intent that the tangible personal property remain permanently with the property

38
Q

Ademption in Georgia

A

If the decedent exchanged the devised property for property that is similar in it character and use, there is a presumption that the decedent intended for the beneficiary to take the new property

39
Q

Does a beneficiary who takes property subject to a mortgage, liable to pay the remaining balance?

A

No, unless the will provides otherwise

GA Real Property (4 decks)

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