NY BAR REVIEW REAL PROPERTY 1

Question 1

landlord tenant law basics deals with ______

Answer 1

leases

Question 2

landlord tenant law specifically is regulated with the statute of _________

Answer 2

frauds

Question 3

4-6 family residential unit lease may NOT prohibit what?

Answer 3

occupancy by dependent children, tenant, tenant spouse, clause NOT to have children

Question 4

lease for 1 year is VOID unless is what?

Answer 4

in writing, signed by the tenant

Question 5

lease types ?

Answer 5

tenancy for years, month to month, at will, at sufferance

Question 6

tenancy at will

Answer 6

can remain on the property so long as landlord agrees

Question 7

residential lease carries warranty of _______

Answer 7

habitability

Question 8

warranty of habitability

Answer 8

lease for property MUST be fit for human habitation

Question 9

can tenant waive warranty of habitability?

Answer 9

NO, void as would be against public policy

Question 10

what is a holdover

Answer 10

when someone stays in lease property longer than lease term, no extension for new term. provided that landlord ACCEPTS rent. otherwise, lease ended, and landlord can pursue summary proceedings to evict tenant.

Question 11

month to month tenancy

Answer 11

tenant cannot be evicted on grounds of holding over, unless gets 30 days notice from landlord in writing, regarding expiration of lease term, same notice as an eviction action

Question 12

breach of lease

Answer 12

non payment of rent

Question 13

special proceeding for breach of lease

Answer 13

start an eviction action

Question 14

landlord is NOT required to _____ losses in case tenant abandons/leaves property before end of lease term

Answer 14

MITIGATE, NOT obligated to search for new tenant. they will be liable for the rent

Question 15

who pays legal fees when winning eviction action?

Answer 15

if tenant wins, landlord pays .

if landlord wins, tenant pays

Question 16

security deposit

Answer 16

landlord is to deposit in a bank and hold in trust/escrow and may not be commingled

Question 17

notice for security deposit held in escrow is to mention what?

Answer 17

name of bank, address of bank

Question 18

interest bearing account for escrow

Answer 18

1%, bill tenant for his overhead of the deposit keeping

Question 19

if building contains 6 or more units, landlord MUST deposit security deposit where?

Answer 19

in an interest bearing account

Question 20

new building owner gets what?

Answer 20

security deposits transferred to him