Unit 17 - Leases Flashcards

1
Q

Define a Lease

A

A contract between an owner of real estate and a tenant

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2
Q

After the lease expires the landlord retains

A

A reversionary right

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3
Q

Define a Leasehold Estate

A

A tenants right to possess real estate for the term of the lease

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4
Q

Define an Estate for Years

A

Also called a tenancy for years, is a lease hd estate that continues for a definite period of time

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5
Q

In a tenancy for years

A

No notice is required to terminate the lease agreement because there is a specific expiration date

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6
Q

Define an Estate from Period to Period

A

Is created when the landlord and the tenant enter into an agreement for an indefinite time

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7
Q

Define an Estate at Sufferance

A

When a tenant with an estate for years remains in possession after the lease term expires without approval from the landlord

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8
Q

Define an Holdover Tenancy

A

Created when the tenant remains in possession and the landlord accepts the rent but no new lease agreement is made

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9
Q

The following notices are required by Illinois statute

A

Tenancy from Year to Year - 60 Days
Tenancy from Month to Month - 30 Days
Tenancy from Week to Week - 7 Days

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10
Q

Define an Estate at Will

A

Gives the tenant the right to possess property with the landlords consent for an unspecified amount of time

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11
Q

Lease agreements may be

A

Written
Oral
Implied

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12
Q

The requirements of a valid lease are

A
Capacity to contract
Legal Objectives
Offer
Acceptance
Consideration
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13
Q

Most leases require that the fenant provide some form of

A

A security deposit

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14
Q

Neither the landlord nor the tenants is required to make any

A

Improvements to the leased property

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15
Q

Its illegal to discriminate against prospective tenants according to the

A

Fair Housing Act

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16
Q

Lessors of a residential property are required to

A

Maintain the dwelling units in a habitable condition

17
Q

Define Assignment

A

Occurs when a tenant transfers all of his leasehold interests to another person

18
Q

Define a Sublease

A

When a tenant transfers less than all the leasehold interest by leasing them to a new tenant

19
Q

Define a Nondisturbance Clause

A

A mortgage clause stating that in the event that property is foreclosed upon, the tenancies will not be terminated if they pay their rent

20
Q

Define a Renewal Option

A

An option that grants the lessee the privilege of renewing the lease

21
Q

Define a Purchase Option

A

An option that allows the tenant to purchase the property at a predetermined price

22
Q

Define a Right of First Refusal

A

A clause allowing the tenant to buy the property before the owner accepts an offer from another party

23
Q

Define a Gross Lease

A

A lease in which the tenant pays a fixed rent and the landlord pays all taxes, assessments, insurance, maintenance and utilities

24
Q

Define a Net Lease

A

A lease in which the lessee pays the basic rent plus all or some property charges

25
Q

Define a Percentage Lease

A

A lease in which the lessee pays basic rent plus a percent of gross sales

26
Q

Define a Graduated Lease

A

The rent increases at set future dates

27
Q

Define a Ground Lease

A

A lease in which fhe landowner leases unimproved lans to a tenant who agrees to erect a building on the land

28
Q

Define a Lease Purchase

A

Is used when a tenant wants to purchase the property but is unable to do so

29
Q

Define a Sale and Leaseback

A

The owners of property sell the property and then lease it back again for an agreed price

30
Q

Define an Agricultural Lease

A

When landowners often lease their land to tenant farmers, who provide the labor to produce and bring in a crop

31
Q

Define Actual Eviction

A

When a tenant breaches a lease or improperly retains leased premises

32
Q

Define Constructive Eviction

A

When the leased premises becomes unusable for the purpose stated in the lease