49: Landlord-Tenant Law and Land Use Regulation

Question 1

nonfreehold estate

Answer 1

an estate where the tenant has a righ to possess the real property but does not own title to the property

Question 2

leasehold estate

Answer 2

a tenant’s interest in property

Question 3

landlord / lessor

Answer 3

an owner of real property who transfers a leasehold

Question 4

tenant / lessee

Answer 4

the party to whom a leasehold is transferred

Question 5

tenancy for years

Answer 5

a tenancy for real property created when a landlord and a tenant agree on a specific duration for a lease

Question 6

periodic tenancy

Answer 6

a tenancy of real property created when a lease specifies intervals at which payments are due but does not specify how long the lease is for

Question 7

month-to-month tenancy

Answer 7

a periodic tenancy of real property where length of the tenancy is one month

Question 8

tenancy at will

Answer 8

a tenancy created by a lease of real property that may be terminated at any time by either party

Question 9

tenancy at sufferance

Answer 9

a tenancy created when a tenant retains possession of property after the expiration of another tenancy or a life estate without the owner’s consent

Question 10

wrongful possession

Answer 10

a situation that occurs when a tenant retains possession of property after the expiration of a tenancy or a life estate without the owner’s consent

Question 11

eviction proceeding / unlawful detainer action

Answer 11

a legal process that a landlord must complete to evict a holdover tenant

Question 12

duty to deliver possession

Answer 12

a duty a landlord owes to deliver possession of the leased premises to the lessee

Question 13

exclusive possession

Answer 13

a lessee’s exclusive right to leased premises for the term of the lease or until the tenant defaults on the obligations under the lease

Question 14

duty not to interfere with a tenant’s right to quiet enjoyment

Answer 14

a duty that a landlord owes to a tenant not to interfere with a tenant’s right to quiet enjoyment of the leased premises

Question 15

covenant of quiet enjoyment

Answer 15

an implied covenant that says a landlord may not interfere with the tenant’s quiet and peaceful possession, use, and enjoyment of the leased premises

Question 16

wrongful eviction / unlawful eviction

Answer 16

a situation that occurs when a landlord, or anyone acting with the landlord’s consent, interferes with the tenant’s use and enjoyment of the property a violation of the covenant of quiet enjoyment

Question 17

constructive eviction

Answer 17

a wrongful eviction that occurs if a landlord causes the leased premises to become unfit for the tenant’s intended use (e.g., by failing to provide electricity) and the tenant leaves the premises

Question 18

duty to maintain the leased premises

Answer 18

a duty of a landlord to maintain the leased premises as provided in the lease, by express law, and as implied by law

Question 19

implied warranty of habitability

Answer 19

a implied warranty that provides that leased premises must be fit, safe, and suitable for ordinary residential use

Question 20

duty to pay rent

Question 21

gross lease

Answer 21

a lease in which the tenant pays a gross sum to the landlord, and the landlord is responsible for paying the utilities, property taxes, and assessments on the property

Question 22

modified gross lease

Answer 22

a lease in which the tenant pays rent and utilities and the landlord is responsible for paying the property taxes and assessments on the property

Question 23

net lease

Answer 23

a lease arrangement in which the tenant is responsile for paying rent and property taxes

Question 24

double net lease

Answer 24

a lease arrangement in which the tenant is responsible for paying rent, property taxes, and utilities

Question 25

net, net, net lease / triple net lease

Answer 25

a lease arrangement in which the tenant is responsible for paying the rent, property taxes, utilities, and insurance

Question 26

mitigation of damages

Answer 26

a nonbreaching party's legal duty to avoid or reduce damages caused by a breach of contract

Question 27

duty to not use leased premises for illegal or nonstipulated purposes

Question 28

duty not to commit waste

Answer 28

a duty of a tenant not to commit waste to leased premises that causes substantial and permanent damage to the leased premises. waste does not include ordinary wear and tear

Question 29

duty not to disturb other tenants

Question 30

assignment of a lease

Answer 30

a transfer by a tenant of his or her rights under a lease to another party

Question 31

assignor

Answer 31

a tenant who transfers all of his or her interests under a lease to a new tenant by assignment

Question 32

assignee

Answer 32

the new tenant to whom a tenant has transferred all of his or her interests under a lease by assignment

Question 33

sublease

Answer 33

an arrangement in which a tenant transfers some of his or her rights under a lease to another party

Question 34

fair housing act of 1968

Answer 34

a federal ststute that makes it unlawful for a party to refuse to rent or sell a dwelling to any person because of his or her race, color, national origin, sex, or religion

Question 35

u.s. department of housing and urban development (HUD)

Answer 35

a federal cabinet-level department that enforces the fair housing act and other federal statutes and provides other government housing services

Question 36

takings clause

Answer 36

a clause of the fifth amendment to the u.s. constitution that provides that the government may take private property from property owners for public use. the government must pay the owner of the property just compensation for the taking

Question 37

eminent domain

Answer 37

the government's power to takeprivate property for public use, provided that just compensation is paid to the private property holder

Question 38

just compensation clause

Answer 38

a clause of the u.s. constitution that requires the government to compensate the property owner, and possibly others, when the government takes property under its power of eminent domain