acct 324 chapter 50
once a LL provides possession of a prop to a tenant, the ______ has the right to receicve rent and other benefits for the prop...the _______ can transfer this right to receive rent
LL, LL
bc the _______ is the owner of the leasehold estate, they can / cant transfer the property
LL, can
in some cases, the ______ has freedom to determine how much rent should be....in other cases the ______ establishes rent ceilings
LL, gov
types of lease termination: if a tenant moves out of leased premise b4 the end of the term, has no intent to return, and has defaulted on rent payments, the tenant behavior is called ________. if the LL accepts the property, the tenant is / is not relived of the rent obligation
abandonment, is
______ eviction - LL physically prevents you from entering any part of the premises
actual
when a LL physicallt prevents you from entering the leased premises and thus interferes w. your use and possession of the prop, this eviction is known as _______
actual eviction
in most states, tenant cant make _________, changes that affect the condition of the premises w/o the LL consent ...in a minority of states you can make this as long as they are _____ and do not ______
alterations, necessary, reduce value of prop
liability for injuries generally depends on who is in control of the ______ in which the injury occured. the court use the ______ in deciding these cases
area, standard of reasonable care
________ - a contracting party's transfer of their rights to a 3rd party (assignor to assignee)....a transfer of a tenenta entire interest in a lease property
assignment
usually a lease requires that a LL must consent to a tenant _____ of their interest in the lease due to _______ for the LL
assignment, protection
a tenant can transfer their interest in the leased property in 2 ways
assignments and subleases
if an injury occured on the premises bc of a condition that the LL knew or should have know about, the LL can / cant he held responsbile for the injury
can
if you are renting office space and the LL sells the title to the leased prop, the new owner can / cant force you to move our of your office space....the new owner becomes your ______ until your lease agreement expires
cant, LL
tenants should sublease with _____, as LL can hold them responsible for rent if the sublessee does not pay
care
if premises are used for _______, the LL has a responsibility to ensure that the premises are in good condition before the tenant takes control of the prop. the ______ is responsbile for maintaining the premises......if injuries occur bc the _____ was negligent in keeping the premises in good condition, the ______ will NOT be held responsible
commercial purposes, tenant, tenant, LL
if you are a LL of an office building or apt complex, you are responsible for the repairs to ______ like yards, lobbies, elevators
common areas
the LL is responsbile for injuries that occur in _______.....being expected to _____ and ______ these places
common areas, inspect and repair
if after a tenant notifies the LL of a problem, the premises become unsuitable for use bc of the LL wrongful or omitted act, a ________ has occured
constructive eviction
if LL interferes with tenant covenant of quiet enjoyment, the tenant can sue LL for breach of ________
covenant
one of the most important promises that a LL makes in a lease is the ________, a primose that the tenant has the right to quietly enjoy the land ......meaning that the LL promises that they will not interfere w/ the tenants use and enjoyment of the property
covenant of quiet enjoyment
types of lease termination: when a LL interferes w/ a tenant use and enjoyment of the property, the LL has breached the _________....this usually takes place in the form of an _____
covenant of quiet enjoyment, eviction
if you want to retain possession of the apt, you can sue the LL for _____. you can attempt to recover these associated with the LL breach of _______......make sure not to ______ your LL
damages, implied warranty of habitability, defame
if the LL is aware of a _______ but does not make the tenant aware of the condition or tries to hide it, they are responsible for the injury
dangerous condition
types of leases: ________ lease - known as term for years, automatically expires at the end of the specified term....LL is / is not required to give any notification of the termination
definite term, is not
generenally, interference w/ a tenants quiet enjoyment of property is in the form of a _______
eviction
most distringuishing fact of LL/T relationship is the tenants right to ______ of the prop named in the lease
exclusive possession
under the _______, the LL may not discriminate against a prospective tenant with regard to race, color, sex, religion, national origin, familial status, or disability......if they go against this the tenant can bring a ______ against the landlord
fair housing act, suit
types of lease termination: if a _____ or some other ______ has destroyed the subject matter of the lease, most states allow termination of the lease.....the tenant is / is not released from paying rent and the LL is / is not expected to restore repairs
fire, damage, is, is not
if you install something that is attached to the prop, they are considered ______. in some states that may not be removed bc they are not considered _______
fixtures, LL property
types of lease termination: tenant or LL fails to perform a condition states in the lease...that party's breach is referred to as ________ bc the party is forfeiting their interest in the premise.....bc this is severe, courts generally do / do not favor upholding forfeiture
forfeiture, do not
actual eviction can be _____ or ______
full or partial
expectation of quiet enjoyment of prop: the LL cant interfere w. the tenant use and enjoy of the prop by refusing to fix a major problem with the prop, such as a problem with ____ or ______
heat or water
depending on the ________ in a particular time period, LL and tenants take turns having a superior bargaining position
housing market
the __________ generally ensures that the LL is responsible for repairs to major defects in the rental prop
implied warranty of habitability
most states have imposed a ________ of the premises, a requirement that the premises be fit for ordinary residential purposes....the ______, not the _____, is the more important element of the lease
implied warranty of habitability, house, land
a LL might wrongfully perform or fail to perform certain acts that cause a ______ to the tenants use and enjoyment of the prop
injury
generally, the LL is / is not responsible for ensuring that the leased premises are tenantable
is not
if the LL retains control of the access to the prop, it is / is not a landlord tenant relationship
is not
the tenant is / is not responsible for the ordinary wear and tear on the apt
is not
when deciding to create a LL/T relationship, the ______ has freedom in decidinf whether to accept someone....if the person has history of not paying rent, they dont have to enter into an agreement with that person
landlord
if the tenant does not receive possession of the premises bc of the act of the LL, the _______ will be held liable and the _______ can bring an action for posession against them
landlord, tenant
________ must ensure that the premises meet certain safety and health codes....in most states if one leases a residential prop, they are responsible for ensuring that the property is ______, part of this responsibility is making _______ to the premises
landlords, habitable, repairs
if tenant fails to pay rent when due, the LL may charge a reasonable _______
late fee
some states are requiring that the LL make a reasonable attempt to ______ to another party when tenant leaves and fails to pay rent ....the ________ is liable for the unpaid rent for the time that it would reasonable take the LL to find a new tenant.
lease the prop, tenant
in a minority of states, the LL is required to provide ______ of the premises
legal possession
a LL and a tenant mat make an agreement to _____ the use of the premises. if there is no agreement that does this, the tenant may use the premise in any manner as long as the use is _____ and does not impose ______ to the premises ....tenant must not use the premises in a way that creates a ______ for surrounding tenants
limit, legal, injury, nuisance
landlord tenant relationship requires 1. _______ of tenants and landlord 2. a ______ or _______ intent to create a relationship 3. _________ of property 4. _______ of the lease 5. amount of _______ to be paid to the landlord
name, express or implied, description, length, rent
if the LL wishes to terminate the lease bc of a late payment, the LL is required to give the tenant __________
notice of termination
landlord tenant relationship is established by a _____ or _____ contract.....if it exceeds more than one year, it must be in _______
oral or written, writing
_______ eviction - LL prevents you from entering a part of the premise
partial
in both full and partial eviction, the tenant is relased from the obligation to ________, the tenant can sue for ______ or bring a ______ against the LL for breach of contract
pay rent, damages, suit
what can a LL do if the tenant has vacated the premises and fails to pay rent? the tenant is reponsible for ______ until the expiration of the lease. the LL can choose to let the premise ________ until the expiration of the lease, thus the tenant would / would not be responsbile or the entire amount of the rent
paying rent, remain vacant, would
types of leases: ________ lease. - is created for a recurring term, such as month to month...is different from def term lease bc this is for an indef period of time. both the LL and tenant are required to give the other party ______, and both parties can ______ during the recurring period
periodic tenancy, notice of termination, terminate
in many states the LL is required to give the tenant ______ of the premises, in many states the LL is required to remove the _______ or break the agreement with the _______
physical possession, previous tenant, new tenant
corresponding right: tenant right to retain _______, right to _______ of the property, right to ________ for tenant's waste
possession, quiet enjoyment, reimbursement
duty: LL duty to put tenant in ________, duty of covenant of ______, duty not to commit ________
possession, quiet enjoyment, waste
the person who is in control of the area where injury occurred must take the same precautions for safety that a ________ would take
reasonable person
if you want to retain possession of the apt, you might be able to have the repairs made and deduct the costs of the repairs from the _________ ....several states have created ______ statues, but they are often restricted to essential services such as gas/water/electrical.....but if you attempt to do it, you must ______, who often refuses to make the repairs
rent due, repair and deduct, notify LL
once a lease is signed, the LL cant increase the price of the rent unless there is a _______ included in the lease....permitting the LL to increase rent in association w/ increases in costs of living, prop taxes, or the tenants commercial business .....this would typically be found in a _______ lease
rent escalation clause, long term
if you want to retain possession of the apt, you can withhold a _______....the funds will remain in a ______ account until the LL makes the repairs. the tenant can / cant withhold all the rent
rent payment, escrow, cant
_______- compensation paid to the LL for the tenant's right to possession and exclusive use of the premises....tenant have a duty to pay this....can be paid in various forms like _______ or _______ to the landlord
rent, money or services
when the lease is initially created, the LL asks the tenant to pay a _______, ensuring that the tenant will fulfill the duties of the lease agreement
security deposit
if the LL exceeds the deadline of giving deposit back to tenant, the tenant can recover the ______ plus any ________
security deposit, attorney fees
at the end of the lease, the LL is required to return to the tenant the _______ - any cost for ________ caused by the tenant
security deposit, damages
the LL is generally responsible for ensuring that the premise meet certain _____ requirements, thus the LL would be responsbile for making repairs to rental units that dont meet these standards
state
________ - a transfer of less than all of a tenants interest in a leased property
sublease
a ________ creates a LL tenant relationship between the og tenant and the sublessee
sublease
you have discovered that tenant has refused to pay rent...what are your options? 1. you may ______ to collect the unpaid rent 2. depending on the state you live in, you have the option of a ________, the right to some or all of the tenants personal property....the property is considered as security for the unpaid rent
sue, landlords lien
if a constructive eviction occurs, the tenant may bring a ______ to recover damages or to attempt to ______
suit, move back onto the prop
________ is a mutual agreement between a LL and a tenant...and generally must be in ______
surrender, writing
types of lease termination: you get a job in CA but you have 1 month left for your lease....you speak to LL and agree to end lease agreement early...you are _______, or returning, your interest in the premises and the LL is agreeing to accept the return of the interest
surrendering
type of lease: ______ lease - if tenant fails to leave the property after the termination of the lease. the LL may choose either to ______ the tenant to remain on the prop or demand ______ of the property
tenancy at sufferance, allow, repossession
type of lease: _______ lease - may terminate the lease at any time
tenancy at will
if a reasonable attempt is made to find a new tenant but is unsuccessful, the ______ is responsbile for the entire amount of unpaid rent
tenant
if the sublessee does not pay rent, the LL can hold ______ responsbile for the rent payment
tenant
the ________ has a responsibility to keep the premises in which they are in control in a reasonably safe condition ....they are responsible only for those areas in which the customer is _________
tenant, expected to go
generally in LT leases, the ______ is reponsible for more repairs to the rental property, however they usually will not be required to ______ for major repairs
tenant, pay
if the tenant tries to assign the lease w/o the LL consent, the LL may _______ the lease agreement. but if the LL accepts rent from the assignee, the LL _______ the consent requirement
terminate, waives
at the end of the term of the lease, the lease is _______. the tenants returns ______ to the LL unless there is an option for renewal in the lease.
terminated, possession
if the repairs breach the warranty of habitability or constitute construction eviction, you have the option of ______
terminating the lease
unless prohibited by the lease agreement, LL and tenant may ______ there interest in the property
transfer
during the tenants use of the leased property, the tenant has a duty not to commit ______, any tenant conduct that causes perm and substantial injury to the LL property...example: cutting down trees in the yard of rentl prop w/o LL permission
waste
if the tenant intentionally or negligenlty damages the apt, then tenant will / will not be responsible for paying for the damages.....you have a party at your apt and someone spills a drink
will
if you decide to sublease the office space to someone w/o the consent of LL, this person would / would not have legal obligations to the LL......legal obligations are to the _____
would not, tenant
the LL can be held responsbile for injuries when they have a responsibility to make repairs to the premises yet ______ or ______ make those repairs. the LL has a certain amount of time to make the repairs...however the LL liability depends on the tenants ______ for repair
wrongfully or negligently, notification of need