Section 7: Property Management Flashcards
Residential Leases and Parties Involved:
*Agents are legally allowed to write up leases in the State of Arizona and can act as ______ on behalf of others.
Property Managers
Residential Leases and Parties Involved:
*The “__________” is the written document that transfers RIGHTS from a landlord to a tenant.
IMPORTANT: This is because of Article 26 in the Arizona Constitution!
Lease
Residential Leases and Parties Involved:
*The “Lease” is the written document that transfers RIGHTS from a landlord to a tenant.
IMPORTANT: This is because of Article __________ in the Arizona Constitution!
26
Residential Leases and Parties Involved:
*_______:
This means to convey or grant a leasehold estate.
rights in the lease.
Demise
Residential Leases and Parties Involved:
*Demise:
To convey or grant a leasehold estate.
IMPORTANT: Don’t confuse with ‘_______’ which means:
*Rent is the actual amount of consideration paid by the tenant for the rights in the lease.
Devise
Residential Leases and Parties Involved:
*_______: Landlord or the ‘Giv-OR of the lease (Landlord)
LessOR
Residential Leases and Parties Involved:
*_______: Tenant or the ‘Receiv-EE of the lease (Tenant)
LessEE
Residential Leases and Parties Involved: IMPORTANT: A lease has _______. Since it has this, it is personal property. A lease CAN be traded, given away, or even sold so remember that a tenant has personal property in the lease.
Value
Leasing Definitions:
* _______: Contract rent refers to the actual rent paid under existing lease contracts executed between owners and tenants.
Contract Rent
Leasing Definitions:
*_______:
A positive leasehold is created when the market rent is greater than the contract or agreed upon rent.
Positive Leasehold
Leasing Definitions:
*_______:
Where market rents are actually LESS than the existing lease, making it unlikely to assign or sublet to another tenant.
Negative Leasehold
Leasing Definitions:
*_______:
Also known as “market Rent” and refers to the potential rental income a property could receive on the open market.
Economic Rent
Leasing Definitions:
*_______:
A contract rent that is in excess of current market rents.(A bankrupt tenant may renegotiate a new lease in order to remove the excess rent in some cases.)
Excess Rent
Leasing Definitions:
*_______:
The holder of the lease again has PERSONAL PROPERTY RIGHTS and can transfer their ownership interests to a new lease holder, or can at the same time, transfer their liabilities also.
Liabilities
Leasing Definitions:
Which of these is NOT a common leasing definition?
Positive Leasehold
Economic Liabilities
Negative Leasehold
Leaseback
Economic Liabilities
Leasing Definitions:
*_______Leaseback:
After a sale when the new owner leases back the property to the previous/old owner for an AGREED PERIOD of TIME. (common in business/commercial)
Leasehold Interests in Property:
*A _______Leasehold interest: This interest in property allows someone else to use, occupy and possess another person’s property for a certain DURATION of time
Leasehold Interests in Property:
*A _______Leasehold Estate:
This is commonly referred to as ‘PERSONAL property’ and NOT real property
*This is a type of Estate called a Leasehold Estate
Leasehold Interests in Property:
*Lessor could be an individual owner, _______management company or corporation
o Leases are NOT just in residential, but commercial, retail, mining, logging, etc.
Leasehold Interests in Property:
*Lessor retains ALL ownership rights and has a _______REVERSION Interest.
Leasehold Interests in Property:
*_______Reversionary Interest: Whereby the property will revert back to the lessor at the termination of the lease
*Leases are typically paid in advance (for the next month ahead)
Common Types of Leases:
*_______Gross leases: are common to residential rentals.
o Tenants pay the same amount per month as agreed to in lease
o Landlord maintains the property and building expenses
Common Types of Leases:
*_______Percentage Leases: These are common to retail business
o Tenants usually pay a monthly rent plus a percentage of sales
o The percentage of sales is agreed to in the original lease
Cheaps Clothing Co. pays base rent of $2000/month
Cheaps Clothing Co. also pays 2% of gross sales/month
Common Types of Leases:
*_______Net leases:
These are common to commercial buildings
o Lessee pays same amount per month per lease
o Lessee pays a percentage of the fixed expenses of the property
Common Types of Leases:
*_______NET leases: are common to commercial buildings
o Term Triple Net is common or Net-Net-Net Lease
Doug’s Diggers Inc leases a warehouse for $5000/month
Doug’s Diggers Inc has a Triple Net Lease pays an additional $1000/month for their share of the common expenses
Triple Net covers building taxes, insurance, utilities, etc.
Common Area Maintenance Charges (CAMS)
Common Types of Leases:
*_______Variable Leases:
These are leases that can fluctuate and are not locked.
Common Types of Leases:
*_______Graduated Leases: are where rent increases at a predetermined time
*These are considered PROPRIETARY Leases and are unique to the leasehold interest in a Co-Op Building.
Common Types of Leases:
*Graduated Leases: are where rent increases at a predetermined time
*These are considered _______Proprietary Leases and are unique to the leasehold interest in a Co-Op Building.
Common Types of Leases:
*Graduated Leases:
o Owners of a cooperative own shares in the corporation (building)
o Owners have a ‘_______proprietary lease’ allowing the to use their unit.
Common Types of Leases:
*_______Water, Oil, Mineral, Gas Leases:
This lease allows companies to extract natural resources from land
o Exploration and extraction on land not owned by company
o A typically nominal amount is paid per month to the land owner in form of lease.
Common Types of Leases:
*Water, Oil, Mineral, Gas Leases:
o _______Royalties:
This is money paid to owner if resources are found and extracted from owners land. Landowners can receive this for allowing companies to extract resources (like oil or gas) from their land.
Common Types of Leases:
*_______Ground Leases:
These are where the owner retains ownership of the ground and allows building on property.
o Usually a long term lease (25+ years is common)
*Ground Leases:
These are where the owner retains ownership of the ground and allows building on property.
o Usually a long term lease. _______25+ years is common.
Common Types of Leases:
*Ground Leases:
o Upon expiration of the lease, any _______Improvements on the land revert to landowner.
Common Types of Leases:
*Ground Leases:
o Common in some parts of Scottsdale and on Tribal Land
Scottsdale House, SCC, Billboard Signs, Ski Slopes of _______Flagstaff are all owned on a Ground Lease.
Common Types of Leases:
*Ground Leases:
These are where the _______Owner retains ownership of the ground and allows building on property.
o Usually a long term lease (25+ Years is common)
Common Types of Leases:
This type of lease would have one set fee per month and then a percentage of the sales paid to the landlord in addition:
Net Lease
Ground Lease
Triple Net Lease
Percentage Lease
Percentage Lease
Validity of a Lease:
IMPORTANT: Both the Lessor and the Lessee have to _______Attest to or sign the lease.
Validity of a Lease:
*_______Subject Matter is usually the address which must be written into the lease.
o Mining and crops as an example, would be written into the lease, not an address.
Validity of a Lease:
IMPORTANT: Leases for a period of less than _______1 year in Arizona DO NOT have to be in writing to be enforced.
o However, verbal leases can still be enforced.
o Ex. Snowbirds who rent only for a 4-6 month period in Arizona.
Validity of a Lease:
IMPORTANT: Leases for a period of less than 1 year in Arizona DO NOT have to be in writing to be enforced.
o However, _______verbal leases can still be enforced.
o Ex. Snowbirds who rent only for a 4-6 month period in Arizona.
Validity of a Lease:
IMPORTANT: _______Statute of Frauds states a lease for MORE than 1 year MUST be in writing to be enforced. This is contrary to the statute in our state because we have so many out of state visitors who ONLY stay for a few months at a time.
Validity of a Lease:
IMPORTANT: _______Duration of the lease needs to be agreed to and signed by both parties to be a valid lease.
Validity of a Lease:
o Most common residential leases are NOT _______recorded as the estate “reverts” back to owner.
Validity of a Lease:
o Commercial, Retail, Mineral, Gas, Oil and even some residential leases for longer periods of time are usually _______recorded to give the public notice.
Validity of a Lease:
*Consideration:
Must be explained and written into the lease.
o This isn’t always _______money, could be percentages, shares, goods traded, love and affection etc.
*Exclusionary terms must be identified in the original lease.
Validity of a Lease:
What would make a lease invalid?
Both lessor and lessee have signed the lease
Duration of the lease was agreed to and signed on by both parties
Address or description is missing in lease agreement
A verbal agreement to rent for only a five month period
Address or description is missing in lease agreement
Validity of a Lease: Case Study:
In this case, what we want to do is have a “conversation” with a potential client. If you can carry on a conversation, you understand the concepts.
Q. What is the difference between a Lessor and a Lessee? As a real estate agent, are you legally allowed to write a lease for the two parties?
A: A Lessor is a Landlord or the ‘Giv-or of the lease’ (Landlord) while the Lessee is the Tenant or the ‘Receiv-ee of the lease’ (Tenant). Yes, Agents are legally allowed to write up leases in the State of Arizona and can act as property managers on behalf of others.
Validity of a Lease: Case Study:
In this case, what we want to do is have a “conversation” with a potential client. If you can carry on a conversation, you understand the concepts.
Q: Is a Lessee’s leasehold estate considered personal or real property? What happens to the property once the lease expires?
A: A Leasehold interest in property allows someone else to use, occupy, and possess another person’s property for a particular time. A Leasehold Estate is commonly called ‘personal property’ and not real property. The property will revert to the lessor at the termination of the lease.
Validity of a Lease: Case Study:
In this case, what we want to do is have a “conversation” with a potential client. If you can carry on a conversation, you understand the concepts.
Q: Which parties need to sign a lease?
A: Both the Lessor and the Lessee have to attest to or sign the lease.
Validity of a Lease: Case Study:
In this case, what we want to do is have a “conversation” with a potential client. If you can carry on a conversation, you understand the concepts.
Q: Is a lease usually recorded? Why or why not?
A: Most common residential leases are not recorded as the estate “reverts” back to the owner. Commercial, Retail, Mineral, Gas, Oil, and even some residential leases for more extended periods are usually recorded to give the public notice.
Validity of a Lease: Quiz:
All of the following except which one are types of Short Term Leases?
Exploration Leases
Verbal Leases
Seasonal Leases
Ground Leases
Ground Leases
Validity of a Lease: Quiz:
A real property owner who extend some of their rights in their property to someone else for a predefined amount of time could be considered a?
Grantor
Leasee
Lessor
Grantee
Lessor
Validity of a Lease:
For a landlord or building owners, a Net Lease would most likely be a preferred type of leasing over a gross lease in which type of property?
Residential Rentals
Rental space located in a Strip Mall
Leases less than one year
Sub Lease
Rental space located in a Strip Mall
Validity of a Lease:
Shortly after 11pm the police are called to a private residence responding to a trespassing call. The police arrive to find multiple people on the property and there seems to be some sort of disagreement. They question who is who and find out that the occupants in possession of the property do have the rights to be there as is evidenced by a signed mutually accepted ____________:
Deed
Joint Tenancy Agreement
Lease
Title
Lease
Validity of a Lease:
In the State of Arizona, leases are recognized as being a form of a contract. Which of the following is not required for a lease to be considered valid?
Parties of Legal Age
Signed by all parties
Competent Parties
Start date and end date
Signed by all parties
Validity of a Lease:
o Sub-Leasing may NOT be _______allowed and as such would be written into the lease.
o NYC leases are now excluding lessee’s from using services like AirBnB.
Sub-Leasing and Assignments of a Lease:
Sub-Leasing: The action taken when the current “lessee” becomes a “lessor” to a _______Third Party.
o Original Lessee is still responsible for original lease and terms to original lessor.
Sub-Leasing and Assignments of a Lease:
Sub-Leasing: The action taken when the current “lessee” becomes a “lessor” to a Third Party.
o Original Lessee is still ______ for original lease and terms to original lessor.
Responsible
Sub-Leasing and Assignments of a Lease:
*_______:SANDWICH Lease Where the lessee becomes lessor and sub-lessee will make payments to their lessor who will in turn make the payments to the original lessor
o Bank of A rents space from Bill Yates and outgrows their space
o Bank of A subleases space to Bank of B; Bank B pays Bank A who pays Bill Yates
o Lessees do this in markets where rent is rising dramatically, they profit.
Sub-Leasing and Assignments of a Lease:
*_______Assigning a Lease: Where the original “lessee” assigns their rights to a new “lessee”
o Lessee’s (the tenants) are changed but the terms of the original lease remain the same.
Sub-Leasing and Assignments of a Lease:
*_______Assigning a Lease:
o Original Lessee is relieved of primary responsibility but could still be held accountable if the assigned (new) lessee defaults on the terms of the lease
IMPORTANT: “On the Hook”
Sub-Leasing and Assignments of a Lease:
*_______Novation Of A Lease: The ‘substitution’ or either parties or contracts
IMPORTANT: You may see this in real life and it could be called a ‘NOMINATION’ clause where you can nominate someone else to take over your position.
Sub-Leasing and Assignments of a Lease:
*Novation Of A Lease: The ‘substitution’ or either parties or contracts
IMPORTANT: You may see this in real life and it could be called a ‘_______Nomination Clause where you can nominate someone else to take over your position.
Sub-Leasing and Assignments of a Lease:
*Novation Of A Lease:
o The original lessee or tenant is fully released from the contracts obligations
o The new lessee is held _______solely responsible for the terms of the lease.
IMPORTANT: “Off the Hook”
Sub-Leasing and Assignments of a Lease:
IMPORTANT:
_______Assignment Of A Lease: You are still liable if sub party defaults [ON THE HOOK]
Sub-Leasing and Assignments of a Lease:
IMPORTANT:
_______Novation Of A Lease: You are NOT liable if sub party defaults [OFF THE HOOK]
Terminating the Lease:
*To conclude a lease several options are available:
o _______Successful conclusion of all terms
o _______Landlord declares bankruptcy, foreclosure or other default action
o _______Government powers Ex. condemnation, forced sale, court ruling
o _______Both parties mutually agree to end the lease
o _______Destruction Ex. Fire, Earthquake, and Sinkhole etc.
o Sale or purchase of the unit from landlord before lease _______expiration
o _______Surrender and Acceptance: Where both parties can agree that at any point in time, the tenant can surrender their interests and vacate
Usually in good economic times where rent is higher and the existing tenant wishes to vacate early
Terminating the Lease:
*To conclude a lease several options are available:
o Successful conclusion of _______all terms
Terminating the Lease:
*To conclude a lease several options are available:
o Landlord declares bankruptcy, foreclosure or other _______default action.
Terminating the Lease:
*To conclude a lease several options are available:
o Government powers Ex. condemnation, forced sale, or court ruling.
o Both parties _______mutually agree to end the lease
Terminating the Lease:
o Destruction via _______Fire, Earthquake, Sinkhole, Flood, etc.
Terminating the Lease:
o Sale or _______purchase of the unit from landlord before lease expiration
Terminating the Lease:
o Surrender and Acceptance: Where both parties can agree that at any point in time, the tenant can _______surrender their interests and vacate.
Usually in good economic times where rent is higher and the existing tenant wishes to vacate early.
Terminating the Lease: Quiz:
Surrender and ____________ is a term used to describe when the tenant voluntarily moves out and neither the landlord nor the tenant will incur penalties.
Acceptance
Evictions and Breach of Contracts:
*_______Breach: Any party of is in default of a contract or agreement.
Evictions and Breach of Contracts:
*_______Constructive Eviction: Landlord Breaches contract, tenant can sue for damages
o Tenant also has LEGAL rights to leave the property if landlord has not maintained it
o Tenant must be able to prove that NOTICE was given to landlord and ignored.
Evictions and Breach of Contracts:
*Constructive Eviction: Landlord Breaches contract, tenant can sue for damages
o Tenant also has LEGAL rights to leave the property if landlord has not maintained it
o Tenant must be able to _______prove that NOTICE was given to landlord and ignored.
Evictions and Breach of Contracts:
*_______Actual Eviction:
Tenant Breaches contract, landlord can sue for damages
o Landlord must serve the tenant with a “FIVE DAY NOTICE” of default
o After service of 5 day notice, landlord or lessor can commence with lawsuit
o Tenants must vacate the property if found guilty in court
o If tenants do not vacate the property, they and possession can be removed by the sheriff.
Evictions and Breach of Contracts:
*Actual Eviction:
Tenant Breaches contract, landlord can sue for damages
o Landlord must serve the tenant with a “_______Five Day Notice” of default
o After service of notice, landlord or lessor can commence with lawsuit
o Tenants must vacate the property if found guilty in court
o If tenants do not vacate the property, they and possession can be removed by the sheriff.
Evictions and Breach of Contracts:
o IMPORTANT: Landlord Can NOT hold tenants possessions hostage in lieu of _______Rent by changing locks.