BOMA Commercial Real Estate Law & Regulations

Question 1

What does 'constructive eviction' mean in commercial real estate law?

Accepted Answer

When a landlord's failure to maintain the property makes it unusable, effectively forcing the tenant to vacate

Answer

When a landlord physically removes a tenant's belongings from the premises

Answer

When a court orders a tenant to vacate following a successful eviction proceeding

Answer

When a tenant vacates voluntarily before lease expiration due to business relocation

Question 2

What is the 'covenant of quiet enjoyment' in a commercial lease?

Accepted Answer

A landlord's promise that the tenant will have undisturbed possession and use of the leased premises

Answer

A lease clause requiring tenants to minimize noise that disturbs neighboring occupants

Answer

A provision granting tenants exclusive rights to operate their type of business in the building

Answer

A warranty that the building meets all applicable noise ordinances and sound codes

Question 3

Under the Americans with Disabilities Act (ADA), Title III applies to commercial real estate by requiring:

Accepted Answer

Public accommodations to remove barriers to accessibility where readily achievable

Answer

All commercial buildings to meet new construction accessibility standards regardless of age

Answer

Building owners to provide accommodations for their own employees with disabilities

Answer

Landlords to modify existing leases to accommodate disabled tenants upon request

Question 4

What is 'eminent domain' in the context of commercial real estate?

Accepted Answer

The government's power to take private property for public use with just compensation

Answer

A landlord's right to reclaim leased space when a tenant defaults

Answer

The right of a senior lender to foreclose on a commercial property

Answer

A municipality's authority to condemn and demolish unsafe structures

Question 5

What does 'recording' a commercial lease or memorandum of lease accomplish?

Accepted Answer

Providing public notice of the tenant's interest in the property, protecting against subsequent purchasers

Answer

Registering the lease with the tax authority for proper property assessment

Answer

Creating a legally binding lease that would otherwise be unenforceable

Answer

Notifying all building occupants of the new tenant's occupancy rights

Question 6

What is 'zoning' and how does it affect commercial real estate?

Accepted Answer

Local government regulations designating how land may be used, restricting or permitting specific commercial activities

Answer

A building's classification system determining applicable fire and life safety codes

Answer

Federal environmental regulations governing commercial land development near wetlands

Answer

A system for allocating parking spaces among multiple commercial tenants