Chapter 16 - Landlord & Tenant

Question 1

estate at sufferance

Answer 1

a tenant’s occupancy of a property beyond their lease’s terms and without the landlord’s consent

Question 2

estate at will

Answer 2

a tenant’s occupancy of a property with the landlord’s consent but without a lease

Question 3

estate for years

Answer 3

a lease with a specific starting and ending date; aka tenancy for years

Question 4

landlord (lessor)

Answer 4

the party granting the lease

Question 5

lease

Answer 5

a contract in which one party conveys property to another for a specific predetermined period of time, generally in return for periodic payment

Question 6

non-freehold (leasehold) estate

Answer 6

an interest in the occupation of a property, established through a lease, aka non-freehold or less-than-freehold

Question 7

periodic estate

Answer 7

a leasehold estate which automatically renews until canceled by either party; aka estate from period-to-period, periodic tenancy, estate from year to year

Question 8

tenant (lessee)

Answer 8

the party to whom the lease is granted

Question 9

graduated lease

Answer 9

a lease in which the rental rate increases over time in specific increments

Question 10

gross lease

Answer 10

a lease in which the tenant will be responsible for the payment of a fixed monthly charge, while the landlord is responsible for paying all operating expenses; aka full-service or fixed rental

Question 11

ground lease

Answer 11

the lease of bare, undeveloped land; aka land lease

Question 12

index lease

Answer 12

an agreement that also allows for a graduated increase of rent at periodic intervals relative to an economic indicator

Question 13

net lease

Answer 13

a lease in which the tenant pays a base rent rate plus all or part of the operating expenses

Question 14

percentage lease

Answer 14

type of (usually commercial) lease in which the tenant pays a base rent amount and a percentage of their business profits to the landlord.

Question 15

assignee

Answer 15

a tenant who assumes the remaining lease from another person

Question 16

assignor

Answer 16

a tenant who transfers the remaining balance of their lease to another person

Question 17

assignment

Answer 17

the transference of rights and obligations in a contract form one party to another

Question 18

novation

Answer 18

occurs when the original lease is terminated and a new lease is signed with a new tenant, releasing the original tenant from further liability.

Question 19

privity of contract

Answer 19

states that contracts are only binding between the parties to a contract

Question 20

privity of estate

Answer 20

when two or more parties hold an interest in the same real property

Question 21

retaliatory eviction

Answer 21

a type of eviction where a landlord evicts a tenant who has asserted a legal rights against a landlord

Question 22

sublease

Answer 22

a tenant’s transfer of part of their right of possession in a leased property to another person for a period of the lease term

Question 23

summary ejectment

Answer 23

the legal process by which someone (a tenant) is expelled from a property and prevented from re-entry