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