CH 3 Flashcards

1
Q

Name 4 things that are required for every lease

A
  • Mutuality
  • Capacity to contract
  • Legal Purpose
  • Consideration
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2
Q

A lease that automatically renews itself, in the absence of notification by either party is what kind of lease?

A

A periodic tenancy

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3
Q

A tenant pays taxes and insurance and all maintenance expenses. What kind of a lease do they have?

A

Net lease

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4
Q

What kind of lease would a Jewelry store be most likely to have?

A

Percentage lease

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5
Q

A transfer by a lessee of all interest in a lease to a third party, who agrees to accept the lease obligations would be a:

A

Assignment

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6
Q

When the value of the premises has increased significantly above the rent specified in the lease an economic tenant would be better off to:

A

Sublease the premises

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7
Q

In qualifying a prospective tenant, you should be interested in tenants (3)

A
  • Income
  • Credit History
  • Rental History
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8
Q

If you believe that rents will increase significantly in the near future, the leases you negotiate for the owners, should:

A

Be for short periods of time

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9
Q

Rent incentives are most likely to be given when?

A

There is a high vacancy factor

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10
Q

When is a lessor most likely to be successfully obtain an above market rent?

A

When negotiating a lease renewal and when giving rent incentives.

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11
Q

Explain Gross Lease?

A

A level payment lease. The owner pays taxes, insurance, etc.

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12
Q

Explain Percentage Lease?

A

A lease where the rent is set at a percentage of income.

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13
Q

Explain periodic tenancy?

A

A tenancy from period to period that renews itself unless notice is given to terminate.

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14
Q

Explain an estate for years?

A

A lease having a definite termination date.

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15
Q

Explain Flat Lease?

A

Similar to a gross lease.

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16
Q

Explain Net Lease?

A

A lease where tenant pays a set rent plus taxes, insurance, and maintenance.

17
Q

What is a contract of adhesion?

A

A take-it-or-leave-it contract or lease offered by one who has great bargaining power

18
Q

What is a sublease?

A

Is a new lease by the lessee to the sublessee. The sublease is the tenant of the original lessee.

19
Q

Explain a letter of intent

A

While not a lease, it is an agreement to negotiate for a lease.

20
Q

What are options to renew?

A

A right given to a tenant to renew a lease.

21
Q

What are the Statue of Frauds?

A

The requirement that certain agreements must be in writing to be enforceable. Applies to leases over one year.

22
Q

Assignment?

A

A transfer of all the lessee’s interest. Although the lessee remains secondarily liable on the lease.

23
Q

When should a lease be written to expire?

A

During prime rental periods.