Unit 11 - Landlord and Tenant

Question 1

A written or an oral contract between a landlord and a tenant that transfers the right to exclusive possession and use of the landlord’s real
property to the lessee for a specified period of time and for a stated consideration (rent).

Answer 1

lease

Question 2

The Landlord

Answer 2

Lessor

Question 3

The Tenant

Answer 3

Lessee

Question 4

A possessory interest in

property for a definite period of time leased for a specified consideration

Answer 4

estate (tenancy) for years

Question 5

A possessory interest in leased property that automatically renews from period to period—week to week, month to month, or year to year; notice is necessary to terminate

Answer 5

periodic estate AKA

estate (tenancy) from period to period

Question 6

An estate that gives the lessee the right to possession until the estate is terminated by either party; the term of this estate is indefinite and no prior notice to terminate is needed

Answer 6

estate (tenancy) at will

Question 7

The tenancy of a lessee
who lawfully comes into possession of a landlords real estate but who continues to occupy the premises after the lease has expired against the landlord’s wishes.

Answer 7

estate (tenancy) at sufferance

Question 8

A person who retains possession of leased property after the lease has expired; the landlord may
continue to accept rent or start eviction procedures.

Answer 8

holdover tenant

Question 9

A lease of property under which a landlord pays all property charges regularly incurred through ownership, such as repairs, taxes, insurance, and operating expenses. Most residential leases

Answer 9

fixed rental lease AKA

gross lease

Question 10

A commercial lease, commonly used for retail tenants; rent is based on the tenant’s gross sales at the premises. There is usually a small base monthly rental plus a percentage of any gross sales above a certain amount.

Answer 10

percentage lease

Question 11

A lease requiring that the tenant pay rent plus some or all of the property charges, such as taxes, insurance,
utilities, and repairs.

Answer 11

net lease

Question 12

A commercial lease that contracts for pre-set rental increases over the lease period.

Answer 12

graduated lease

Question 13

A commercial lease that allows the periodic adjustment of rent based on a named index such as Consumer Price Index (CPI).

Answer 13

index lease

Question 14

A lease of land only, on which the tenant usually is required to build as specified in the lease. Such
leases are usually long-term net leases.

Answer 14

ground lease

Question 15

Essentials of Valid Lease (4)

Answer 15

1. Mutual agreement
2. Consideration
3. Capacity to contract
4. Legal objectives

Question 16

Commercial lease where the tenants share in overall operating expenses for the common areas and building.

Answer 16

full-service lease

Question 17

The leasing of premises by a tenant to a third party for part of the lessee’s remaining term.

Answer 17

sublease AKA
sublet AKA
assignment

Question 18

The sublessor’s (original lessee’s) interest in the real estate

Answer 18

sandwich lease

Question 19

The covenant implied
by law by which a landlord guarantees that a tenant may take possession of leased premises and that the landlord will not interfere in the tenant’s possession or use of the property.

Answer 19

covenant of quiet enjoyment

Question 20

Substituting a new contract for an old one or substituting new parties to an existing contract.

Answer 20

novation

Question 21

The state law that mandates delivery of habitable residential rental units; obligations of the landlord and the tenant are mutually
dependent. Provides tenant with rights and remedies such as the Retaliatory Eviction Doctrine.

Answer 21

Residential Rental Agreement Act

Question 22

A theory in landlord/tenant law in which the landlord renting residential property implies that the property is habitable and fit for its intended use.

Answer 22

implied warranty of habitability

Question 23

The actions of a landlord that so materially disturb or impair a tenant’s enjoyment of the leased premises that the tenant is effectively forced to move out and terminate the lease without liability for any further

Answer 23

constructive eviction

Question 24

If a tenant or guest is injured on the landlord’s rental property, the landlord, and his/her agent, may be held liable due to their responsibility to maintain common areas and comply with the Residential Rental
Agreement Act.

Answer 24

law of negligence

Question 25

Illegal eviction practices used by landlords instead of lawful use of summary ejectment.

Answer 25

self-help eviction

Question 26

Legal eviction procedure heard before a magistrate for removal of a tenant that has breached the lease terms.

Answer 26

summary ejectment

Question 27

Illegal eviction of a tenant that has exercised protected rights under the law.

Answer 27

retaliatory eviction

Question 28

The state act that regulates the amount and use of money that can be required as a security deposit and how the landlord holds that deposit. The maximum amount of the deposit depends on the term of the tenancy.

Answer 28

Tenant Security Deposit Act

Question 29

A payment by a tenant, held by the landlord during the lease term and kept (wholly or partially) on default or destruction of the premises by the tenant.

Answer 29

security deposit

Question 30

Establishes uniform rules for landlords, tenants, and their agents involved in the handling of short-term rentals under 90 days in length where the tenant has a primary residence elsewhere.

Answer 30

North Carolina Vacation Rental Act

Question 31

A tenant’s right to occupy real estate during the term of a lease, generally considered a personal property interest

Answer 31

leasehold estate AKA

nonfreehold estate