NCh2 Lease Clauses, Provisions And Terms Flashcards
A landlord is usually prohibited from entering leased property unless there is a need for maintenance, inspections, or emergency response. This is called the
Covenant of quiet enjoyment
The tenant having the right to match or better any offer before the property is sold to someone else is the
Right of first refusal
The transfer of some or all of the rights and/or leased space under a lease to another, with liability, remaining with the original tenant is called
Subletting
The transfer of all rights and liabilities to a new tenant under an existing lease is called
Assignment
Forcible entry and detainer, or an action of forcible detainer, is the legal term for
Eviction
When the lease comes to an end of the negotiated term or lease period, this is called
Termination
When a lease is terminated by the agreement of the parties. In the eyes of the law, there is no default, no breach and no injured party. In other words, there is no lawsuit. This is called
Mutual rescission
This occurs when a landlord is aware of a property condition and allows deterioration to the point that the building is uninhabitable, and the tenants are forced to leave. This is called
Constructive eviction
When a property owner sells a property to an investor or lender and then leases it back. Therefore, the seller occupies the property after closing. This is called
Sales and leaseback