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Section 8 of the Lease for Residential Property Agreement addresses pets. If a landlord decides to accept pets, what else is required under the agreement?

A separate Pet Exhibit.

When the lessee (tenant) signs the lease, what contract element is satisfied?

Acceptance. The tenant's signature means they have accepted the contract. The offer is made by the landlord when the contract is drafted. Consideration refers to something of value, which will be the rent specified in the lease. Legal capacity is the minimum age requirement to enter into a contract, which is 18 years of age.

Which of the following occurs when a tenant doesn't uphold their end of the agreement?

Actual eviction. Remember, actual eviction is associated with the tenant breaching the lease, while constructive eviction is associated with the landlord breaching the lease.

Which of the following are provisions of the Uniform Residential Landlord and Tenant Act (URLTA)?

All of the answer choices provided are correct -The landlord's right to enter leased property -Landlord's right to maintain leased property -Remedies for tenants if landlord defaults on their obligations

Which of the following are exceptions to the landlord's obligation to provide a habitable dwelling unit?

All of the answer choices provided are correct -The property was destroyed by a tornado -The tenant's malicious acts damaged the property -The tenant's irresponsible acts damaged the property

What should a landlord include in a lease provision about pets?

All of the answer choices provided are correct -What types of animals are allowed -How many animals are allowed -An additional security deposit requirement for pet damage

How can an estate at will be terminated?

All of these are true -The landlord transfers or sells the property to someone else -The landlord dies -The tenant dies

The Georgia Lease for Residential Property includes provisions for which of the following special fees?

All of these fees may be included in the lease agreement. -Fees for unauthorized pets. -Fees for unauthorized smoking. -Fees for unauthorized disconnection of utilities. Section 22(b) is a fee the tenant must pay the landlord if the tenant does not allow the landlord to access the property as otherwise required under this lease agreement. Generally, landlords have the right to access their property with 24 hours' notice for valid business purposes, as explained more fully in Part B. If a tenant has an unauthorized pet on the premises, they must pay the landlord the fee stated in section 22(c). If a tenant or another party smokes on the premises when smoking is prohibited, the tenant must pay the landlord the fee provided in section 22(d). Finally, section 22(e) is a fee for unauthorized disconnection of utilities.

The landlord must provide the tenant with a damage report, documenting damage existing on the move-in date. Which of the following is a true statement?

All of these statements are true. -Both the landlord and tenant must sign the report. -The tenant has the right to inspect the property before taking possession. -When they move out, tenants may be responsible for damage not noted on the move-in damage report. The landlord must provide the tenant with a list of any damage existing on the lease start date, and the tenant has the right to inspect the property prior to taking possession to confirm all known damage has been documented. Both the landlord and tenant sign the inspection report.

Tenants with disabilities are authorized to make reasonable accommodations to leased property to make the premises handicapped-accessible. This is authorized under the...?

Americans with Disabilities Act. The ADA is a federal law that addresses handicap accessibility in buildings.

Under which of the following circumstances may a tenant be in default of their lease agreement?

Any of these events may constitute default. -Tenant files for bankruptcy. -Tenant moves out of the property before the end of the lease. -Tenant does not pay rent on time as agreed. Section 1 of Part C of the Lease Agreement explains circumstances under which the tenant may be in default of their lease agreement. For example, a tenant who doesn't pay rent on time as agreed, who moves out of the premises before the end of the lease, or who shuts off utilities without authorization to do so is in default. A tenant is also considered in default if he or she files for bankruptcy. In that case, the lease automatically ends.

When a tenant signs over their rights and responsibilities to someone else, effectively terminating their own involvement in the lease, they have?

Assigned the lease. This question refers to the definition of assignment. Remember, in an assignment, the new tenant takes over all responsibility from the old tenant.

Which of the following is not likely to be included in the amount a tenant pays for rent?

Court costs associated with eviction proceedings. Court costs cannot easily be determined, and landlords will assume they won't have to evict the tenant when drafting a lease (otherwise they wouldn't allow the tenant to sign the lease). The remaining answer choices are typically included in a lease.

When the original lease between the landlord and tenant remains in effect, but the tenant enters into their own lease agreement with someone else for the same space, the tenant has?

Created a sublease. This is an example of a sub-lease. In a sub-lease, the original tenant is still responsible for the new tenant.

Section 18 of the Lease for Residential Property Agreement addresses which party is responsible for lawn care and other exterior maintenance, including...?

Driveways, walkways, and grounds. Section 18 documents who is responsible for providing exterior maintenance and lawncare - the landlord or the tenant. Part B section 18 provides more specific requirements and expectations for lawn maintenance and maintenance of driveways, walkways, and grounds.

What type of leasehold estate exists when a tenant didn't renew their lease but didn't move out when the lease ended?

Estate at sufferance.

What type of leasehold estate exists when occupation is for an undefined period of time and can be terminated by the landlord or the tenant?

Estate at will.

What type of leasehold estate is created if a lease is for a definite, limited period of time?

Estate for years. This question refers to the definition of an estate for years. The remaining answer choices include an occupancy for an indefinite period of time.

Which of the following is not a required component of a lease contract?

Eviction clause.

With this type of lease, the rent payments go up periodically, on a pre-defined basis?

Graduated lease.

Under this type of lease, the landlord is responsible for paying all of the costs of operating and maintaining the property, including real estate taxes?

Gross lease. Most residential leases are gross leases.

A type of lease for land that may be secured by improvements the tenant makes to the land is called a...?

Ground lease.

If a tenant does not vacate the property at the end of the lease, they are said to be...?

Holding over. A holdover tenant is a tenant who continues to occupy the property after their lease has expired. Holdover tenants are subject to eviction by the landlord.

What is another term for an estate at sufferance?

Holdover tenancy. A holdover tenant occupies a property as an estate at sufferance.

What is the term for a legal contract created when a property owner enters into an agreement with a tenant, giving the tenant the right to occupy and use real property, subject to terms and conditions?

Lease.

When specific improvement provisions are included in a lease, giving the tenant the right to improve the property, they are sometimes referred to as...?

Leasehold improvements.

Which of the following is an example of a periodic estate?

Month-to-month lease. A periodic estate does not have a termination date. It continuously renews from period-to-period, such as month-to-month, or year-to-year.

Which of the following is typically the tenant's obligation under the Lease for Residential Property Agreement?

Notifying the landlord when repairs are needed. -Fixing septic tank problems. -Arranging and paying for repairs. -Replacing worn-out appliances. Section 2 in Part C of the Lease Agreement explains that the tenant is responsible for making sure the leased premises remains in good condition. While the tenant is not responsible for making repairs to the property, they are responsible for notifying the landlord when repairs are needed. Tenants are responsible for minor things like changing lightbulbs and HVAC filters, as well as dealing with clogged plumbing during the lease period. Landlords are responsible for other plumbing issues and needed repairs, including septic tank problems.

What type of lease gives a lessee the rights to oil and gas under the lessor's land?

Oil & gas lease. As the name implies, this refers to an oil & gas lease. An oil & gas lease only includes mineral rights.

What type of leasehold estate specifies a rental period but no pre-defined end date for the lease?

Periodic estate.

When the lease in an estate for years ends, what type of leasehold estate exists?

Periodic estate. An estate for years without a termination date becomes a periodic estate.

A leasehold estate is considered to be a...?

Personal property interest.

One element of any type of legal contract is "consideration". In the context of a lease, what is the consideration?

Rent. Rent is the consideration in a lease, while the purchase price is the consideration in a sales contract. Consideration relates to 'something of value', which is usually money.

Which of the following is not an example of a common lease restriction?

Restricted access hours to the leased unit. Nearly all leases will not have any restrictions on access to the property, especially for residential leases. However, there may be a limit to the number of tenants/occupants, a pet policy, and restricted uses.

What type of option is created if the lease says the tenants have the first right to purchase the property in the future if it is put up for sale?

Right of first refusal.

What type of lease does a tenant have if they pay rent plus property taxes?

Single net lease. In a single net lease, the tenant only pays rent and property taxes. In a double net lease, the tenant also pays for insurance. In a triple net lease, the tenant pays for everything, including maintenance costs.

Landlord-tenant law is primarily governed by...?

State law. State law generally governs landlord-tenant laws. However, the federal fair housing laws must also be abided.

Under which of these scenarios would using a percentage lease make the most sense?

Tenant is a coffee shop in a strip mall.

When an oil and gas lease is set to expire, but drilling is underway, what usually happens?

The lease will remain in effect.

Under a sublease, who is responsible for making rent payments every month?

The original tenant. In a sub-lease, the original tenant is still responsible for the new tenant. In an assignment of lease, the new tenant will be responsible for paying rent to the landlord.

What is the most common cause for breaching a lease?

The rent isn't paid as agreed.

Who must sign a lease to make it valid?

The tenant and the landlord, or their authorized agent.

If a property owner does not give the tenant possession of the property by the end of the "delay" provision specified in the lease,...?

The tenant may cancel the lease without penalty.

Which of the following is not documented in section 3 of the Lease for Residential Property Agreement ("Rent")?

The tenant's bank account number. Section 3 of the lease agreement is used to document the amount of the rent, who it should be paid to, and where payments should be delivered, and the due date each month.

What is the shortest time period for an estate for years?

There is no minimum time period. Despite the name, an estate at years may exist for any defined period. It may be days, weeks, months, or years.

For any utilities that the tenant is responsible for under section 11 of the Lease agreement, how many banking days after the start of the lease does the tenant have to arrange to connect and pay for such utilities?

Three days.

How are leasehold estates typically created?

Through leases. A lease is used to create a leasehold estate. This is different from a fee simple estate, which is created through a deed.

Can a tenant make improvements to leased property?

Yes, with the landlord's permission. Improvements may be made by the tenant, but they must be approved by the landlord. The landlord is ultimately responsible for any of the tenant's improvements, which means they must verify that the improvements comply with the building code and any other local ordinances.