Unit 17 Leases Flashcards

0
Q

How does the statue of frauds relate to leases?

A

Requires lease agreements for more than one year to be in writing tobe enforceable. Verbal leases up to 1 year are binding.

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1
Q

What is a reversionary are right?

A

The right to take possession at the end of a lease.

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2
Q

What is a reversionary right?

A

The right to take possession at the end of a lease.

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3
Q

What is a leasehold estate?

A

Right of a tenant to possess the real estate for the term of lease (Less than freehold).

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4
Q

What is an estate for years?

A

A leasehold estate that continues for a definite period.

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5
Q

What is a holdover tenancy?

A

Tenancy created when tenant remains in possession after lease term expires, in a period to period.

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6
Q

What is an estate from period to period?

A

Aka periodic tenancy.
1- Indefinite term
2- Typically has continuity, auto renewing..

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8
Q

What is an estate at will?

A

1- indefinite term

2- Possession with landlord’s consent

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8
Q

What is a gross lease?

A

A lease where the fixed rent covers all operating expenses, and property charges.

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9
Q

What is the estate of sufferance?

A

Tenant who lawfully possessed real property continues to possess the premises without the landlords consent after the right of possession has expired.

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10
Q

What is a percentage lease?

A

Landlord gets a fixed monthly rent and gets percentage of gross revenue.

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11
Q

What is a net lease?

A

The tenant pays all of the property charges in addition to the rent. Income to landlord is NET.

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12
Q

What is a constructive eviction?

A

The tenant can terminate the landlord when:

1-there’s conscious neglect.
2-tenant must vacate.

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13
Q

What is a revisionary right?

A

Right of landlord to possession of property after the end of lease.

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14
Q

What is estate (tenancy) for years?

A

A leasehold that continues for a definite period of time.

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15
Q

What is required for a valid lease?

A

1- Capacity to Contract
2- Legal Objective
3- Offer and Acceptance
4- Consideration

16
Q

What is a non-disturbance clause?

A

Clause that mortgagee agrees not to terminate tenancy of the lesses if mortgagor defaults.

17
Q

What are the 3 types of options in leases?

A

1- Renewal option
2- Purchase Option
3- Right of First Refusal

18
Q

What is a ground lease?

A

Leasing of just the land.

19
Q

How are breaches in a lease remedied?

A

Depends on state laws.

20
Q

What are the 2 types of eviction?

A

1- suit for possession (unlawful detainer/actual eviction)

2- constructive eviction - tenants claim that property is uninhabitable.

21
Q

What is the Uniform Residential Landlord Tenant Act?

A

An act many states have adopted to create uniform laws in regards to leases.