Chapter 17: Leases Flashcards Preview

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Flashcards in Chapter 17: Leases Deck (36):
1

Generally, an oral lease for five years is?

Unenforceable

2

Rent would be best defined as?

The consideration for the use of real property

3

If a landlord fails to provided heat to an apartment and the tenant is forced to vacate the premises, this is an example of?

Constructive eviction

4

What tenancy does not involved a lessor-lesser relationship?

Tenancy in common

5

Under the provisions of a typical commercial lease, any trade fixtures that remain in the property after the lease has expired will be the property of?

The lessor

6

A lease would be terminated by what event?

The expiration of the term of the lease

7

For a lease to be valid it must contain what?

The signatures of both the lessor and lessee

Statement of the specific length of time

Description of the premises

8

The authority to carry out the eviction of a delinquent tenant from rented property is held by the?

Sheriff

9

A tenants lease has expired, but the tenant has not vacated the premises or negotiated a renewal lease. The landlord has told the tenant to leave, but the tenant refuses to go. This type of occupancy is referred to as an estate...?

At sufferance

10

A bakery leases space in a shopping mall. The lease does not specifically indicate who rid responsible for making repairs to the premises. The expense of making such repairs is generally?

Paid by the lessor

11

When a tenant sublets all of any part of the premises rented under a written lease...?

The original lease is unaffected unless it contains a provision that prohibits such subletting

12

What does not acquire title to real property?

Lessee

13

The principal difference between an estate for years and an estate from year-to-year is that an estate...?

From year to year has no expiration date

14

The lessee who pays some or all of the lessors property expenses has a ?

Net lease

15

The covenant implied in a lease that ensures that the tenant will not be evicted by someone claiming ownership of the property prior to that of the lessor is the covenant?

Of quiet enjoyment

16

A tenant has an estate for years. According to the written one year lease, the tenancy will expire may 1. For the landlord to obtain possession as if that date, he must give the tenant

No notice

17

The owner of real estate who leases it to another is called the?

Lessor

18

A lease that will terminate within one year of its inception?

Can be verbal

19

What is actual eviction?

The enforcement of a court order to remove a lessee

20

When a tenant holds possession of a landlords property without a definite lease term but with the consent of the landlord, this is called?

Tenancy at will

21

In the event that it is necessary for a landlord to remove a tenant from the premises, the landlord acts by?

Filing a forcible and detainer action

22

If a leased building collapsed and the tenant was forced to move out, this could be called?

Constructive eviction

23

Under a tenancy for years?

No notice is required to terminate the lease

24

A lessee is in possession of property under a tenancy at will. What is true?

The tenancy will terminate if the lessee dies

25

Under a percentage lease, the lessee may be requested to pay?

A percent of gross receipts.

26

A tenants lease does not terminate for five more years. The premises, however, have become too small to accommodate the tenants growing business. Another business owner is interested in leading the premises from the tenant for three years. What would the parties use for the tenant to lease the space to the business owner?

Sublease

27

A young couple with a toddler and an infant want to lease an apartment in a complex that is occupied primarily by adults. The rental agent only shows the couple apartments on the first floor that face the complexes garbage dumpsters. What is true?

The rental agent should have showed the couple all available units

28

The landlords lease prohibit tenant from altering the property. If a person who uses a wheelchair cannot maneuver in the units kitchen?

The tenant is entitled to make the necessary alterations

29

A tenant is leading a house until he has saved enough money for the down payment to perform in the sale contract. What type of an arrangement is this?

Lease purchase agreement

30

A lessee who is 17 years old signs a lease agreement. What is true?

The lease agreement is voidable

31

An individual rents an apartment for one year. The landlord sells the building during the one year lease term. What effect does the sale have on the lease?

The sale does not affect the lease.

32

The purpose of a security deposit is to?

Repair damage to the property caused by the tenant

33

The lessor and lessee have agreed to a lease term of 5 years. How could the lessor ensure that the rental income during the term is reflective of the market conditions?

Negotiate an index lease

34

A couple leased a banquet hall for their wedding reception. The lease began at 12:01 am on June 23 and ended at 1:59 pm on June 24. This lease is best described as?

Tenancy for years

35

In which lease would you most likely find an escalator clause

Index lease

36

A renters apartment lease has expired, but the landlord has indicated that the rented may remain on the premises until a sale of the building is closed. The renter will be charged the normal monthly rental during this period. The tenancy held by the renter is called?

An estate at will