ENGRADE Chapter 11 Flashcards
The concept of constructive eviction requires the lessor to keep the property in a “fit and habitable” condition. Which of the following areas of the property would apply under this doctrine?
Common hallway leading to the apartment units
Parking Lot
Which of the following statements are correct regarding a ground lease?
The tenant may erect a building on the property.
Rent would best be defined as
The consideration for the use of real property
A tenant’s apartment lease has expired. She and her landlord have agreed that she may remain on the premises until a sale of the building is finalized or until the tenant locates another suitable rental, whichever occurs first. The tenant will continue to pay her normal monthly rent. She and the landlord made a commitment to inform each other two weeks prior to ending this agreement. This tenancy is described as
PERIODIC TENANCY
The tenant leases a heated apartment, but the landlord fails to provide heat because of a defective central heating part malfunction. After numerous written requests for the landlord to fix the heating problem, the tenant vacates the premises and refuses to pay any more rent. This is an example of
CONSTRUCTIVE EVICTION
A residential tenant is unhappy with this habitability of an apartment, because the toilet will not flush. Under the NC Rental Agreements Act, the tenant may
Wait for the landlord to make the repair
A businessman agrees to lease a barber shop from a landlord. The party responsible for the expense of making repairs to the interior of the building would most likely be
determined by negotiation of the parties per the lease agreement
The lease prohibits tenants from altering the property in any way without the landlords written permission. A tenant, who uses a wheelchair cannot maneuver over the doorstep into the apartment by herself nor can she use the bathroom facilities in her wheelchair. Which of the following is TRUE?
The tenant is entitled to make and pay for reasonable necessary alterations
A tenant is in possession of property for an automatically renewable period of time. The tenancy is terminable with proper notice by either party. This is an example of
Periodic Tenancy
Tenants living in foreclosed residential properties
have at least a 90 day notice to vacate the property per federal law.
In NC, a tenants security deposit
must be held safely in a trust account.
A commercial tenant is leasing a retail space. The landlord has required them to pay a base amount plus the real estate taxes, insurance and maintenance on the property. This type of a lease is a
NET LEASE
A lease which contains regular and predictable changes in the amount of the lease rental payments would be considered what type of lease?
GRADUATED LEASE
A commercial tenant leased a warehouse space and later experienced some difficulties with their business. In order to not default on the lease, the commercial tenant located another business and rented the space to them under a subleasing assignment. Under these circumstances who owes obligations to the landlord in the event of a breach?
Only the original tenant is obligated to the landlord
All of the following would terminate a lease
Completion of the lease term
Mutual Cancellation
Failure by the landlord to maintain the property
(NOT sale of the property)
