Leasing and Property management 1 Flashcards

1
Q

A lease is a contract which conveys the right to

A

use or occupy real property

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2
Q

A valid lease can be written or oral or written only

A

written or oral

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3
Q

In most states, an oral lease for 1 year or less is

A

valid AND enforceable

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4
Q

In most states, an oral lease for more than one year is

A

valid BUT not enforceable.

It must be written to be enforceable

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5
Q

When real property is leased, the landlord is called the

A

Lessor

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6
Q

When real property is leased, the tenant is called the

A

Lessee

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7
Q

A valid lease can be

A

written or oral

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8
Q

In most states, an oral lease for 1 year or less is

A

valid and enforceable

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9
Q

In most states, an oral lease for more than 1 year is

A

valid but not enforceable

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10
Q

when real property is leased, the landlord is called

A

the lessor

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11
Q

The difference between gross and net leases is seen from the point of view of the

A

Land Lord

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12
Q

The type of lease in which the tenant pays a fixed monthly rent and the landlord pays all expenses such as taxes , insurance, and maintenance of the rent is a ____

A

Gross Lease

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13
Q

The type of lease in which the tenant pays a fixed monthly rent to the landlord and pays some of his own expenses such a taxes , insurance, and maintenance is

A

a Net Lease

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14
Q

A GRADUATED LEASE IS ALSO CALLED A STEP UP

A

LEASE

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15
Q

A TYPE OF LEASE WHICH CONTAINS A PROVISION FOR FUTURE RENT INCREASES BAED ON GENERAL INCREASES IN OPERATING COSTS IS CALLED RENT INCREASES THE A

A

INDEX LEASE

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16
Q

THE legal removal of a tenant from a leased property because of violation of the lease terms is called

A

ACTUAL EVICTION

17
Q

THE types of leasehold estates NOT terminated by the death of either party included a “lease for years” and

A

PERIODIC LEASE

18
Q

THE TYPES OF LEASEHOLD ESTATES WHICH ARE TERMINATED BY THE “DEATH” OF EITHER PARTY INCLUDE A “TENANCY AT WILL” AND

A

TENANCY AT SUFFERANCE

19
Q

if the tenant dies during a “lease for years’ the heirs of the deceased

A

ARE BOUND BY THE LEASE.

20
Q

Tenancy at Will. The main difference between a tenancy at sufferance and a tenancy at will is that the landlord has actually given permission to a tenant at will to live in the rental property after the original lease agreement has ended. … A tenancy at sufferance occurs without the landlord’s permission.

A

How does the tenancy for years differ from the tenancy at will?
Differences. One big, glaring difference between periodic tenancy and tenancy at will is that periodic tenancy includes something in writing while tenancy at will does not. … With tenancy at will, either party can terminate the arrangement at any time. Periodic tenancy is more structured, while tenancy at will is not.

21
Q

Assignment or subletting of a lease

A

is possible unless otherwise prohibited.

22
Q

The transfer of ALL rights that a tenant holds in a leased property is called

A

Assignment

23
Q

When leased property is sublet who has liability for the lease?

A

The Sublessor

*the original lessee, the sublessor is solely liable.

24
Q

Assignement or subletting of a lease is

A

possible unless otherwise prohibited

25
Q

When leased property is ASSIGNED who has liability for the lease?

A

BOTH original and new tenants.

26
Q

When LEASED PROPERTY IS ASSIGNED, who has PRIMARY liability for the lease?

A

The ASSIGNEE

27
Q

WHEN LEASED PROPERTY IS ASSIGNED who has SECONDARY liability for the lease?

A

the ASSIGNOR

28
Q

WHEN LEASED PROPERTY IS SUBLET WHO HAS LIABILITY FOR THE LEASE

A

THE SUBLESSOR ONLY.

29
Q

In a property management relationship, the principal is the

A

Property owner

30
Q

the property manager acts as an agent of the property owner.

A

Property managers are usually licensed real estate brokers

31
Q

having an attorney draw up a property management contract is

A

NOT REQUIRED.