Unit 17 - Leases Flashcards

1
Q

Leasehold estate

A

Renting

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2
Q

Estate For years

A

Lease for a definite period of time

Expiration date

Tenancy for years

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3
Q

Holdover tenancy

A

Lease expired and no other lease is created and tenant still occupies rental

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4
Q

Estate from period to period

A

Month to month, year to year ect. Can go on forever. No definite expiration date.

Need to give notice of leaving

Periodic tenancy
Estate from year to year
Estate from month to month
Month to month tenancy

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5
Q

Estate at Will

A

At your will and pleasure

Posses the property for unspecified term, as long As there’s landlord consent. Either party can give notice of termination

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6
Q

Estate at sufferance

A

Unlawful Living in rented space after lease expires against landlords desire

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7
Q

Requirements of a lease

A

Offer and acceptance
Bound by consideration
Competent parties
For a legal purpose

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8
Q

Quiet enjoyment

A

Landlord can’t just let himself in

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9
Q

Possession of premises

A

Landlord won’t interfere with tenant use of property

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10
Q

Use of premises

A

May use premise for any legal reason otherwise stated in lease

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11
Q

Term

A

Can be any time clearly stated in lease. Usually under 10 years

** under a year in length, no need for contract. Can be verbal

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12
Q

Security deposit

A

In the event of damage or loss of unpaid rent

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13
Q

Improvements

A

Landlord nor tenant to the lease property

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14
Q

Accessibility

A

Modifications must be permitted. Tenant must return it to the way it was. Can ask for money deposit in escrow account

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15
Q

Maintenance

A

Landlord required to make repairs to common areas

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16
Q

Destruction of premises

A

Premise destroyed lease ends

17
Q

Assignment and subleasing

A

Can do either unless stated

18
Q

Recording lease

A

Not required. Possession is considered constructive notice , if inspected it called actual notice

19
Q

Non disturbances clause

A

If property if taken from landlord, you can’t be kicked out until your contract expires

20
Q

Options

A

Can renew rental by a stated date

Can offer to sell it to you

21
Q

Gross lease

A

Tenant pays fixed amount and landlord pays PITI And repairs . Most leases are like this

22
Q

Net lease

A

Tenant pays all or some of property charges in addition to rent

Insurance on property
Taxes

Usually commercial lease

23
Q

Percentage lease

A

Rent is fixed plus percentage of gross income

24
Q

Variable lease

A

Rent can go up or down

Graduated lease
Index lease

Most commercial leases have a variable lease tie to account for inflation

25
Ground lease
Land separate from building. Land not going to be sold but can be built on for a period of time
26
Oil and gas lease
Can look for oil or gas. Owner gets royalty. Indefinite contract
27
Lease purchase
Tenant wants to purchase but not able to yet Terms are negotiable at time of lease sign Down payment Periodic lease
28
Sale a lease back
Two real contracts. One party sells and then leases it
29
Agricultural
Cash advance- cash rent or percentage of profits (sharecropping)
30
Discharge of leases
Breach- contract violation. Can sue. Governed by law
31
Suit if possession
Court order. Actual eviction. Sheriff removed tenant
32
Constructive eviction
Tennant throws themselves out. Lessor negligent to the point of space is unusable
33
Pro-tenant legislation - uniform residential landlord and tenant act
For tenants Landlord right of re-entry Maintenance of property Tenant protection against retaliation for complaints Property owners name and address to tenant
34
Fair housing and civil rights laws
Affect landlord and tenant No discrimination Amendment- 1988 Familial status - Can’t say no children or change rent or security deposits because of child is living there Disability - have to let renter adjust property to disability
35
Reversionary right
Lease expired, possession back to owner
36
Right of first refusal
Renter can buy property before made for public sale