Tenant Relations & Leasing Flashcards

A condo association wants to require all lessees to register with the association and submit a copy of their lease within 10 days of move-in. Is this permissible?

Answer: Yes, if authorized by the governing documents or state statute

Many condo associations are authorized by governing documents or state law to require tenant registration and lease copies as a condition of occupancy.

A landlord-owner in a condo community wants to screen tenants using credit checks. Under the Fair Credit Reporting Act (FCRA), what must the landlord provide if they deny a tenancy based on a credit report?

Answer: An adverse action notice including the credit agency's contact information

FCRA requires landlords who take adverse action based on a consumer report to provide an adverse action notice identifying the reporting agency used.

What does the implied warranty of habitability require of a unit owner leasing a condo unit?

Answer: The unit must meet basic living standards and be safe for occupancy throughout the tenancy

The implied warranty of habitability obligates landlords to maintain rental units in a livable condition complying with health and safety codes throughout the lease term.

A condo owner wants to include a lease clause stating the tenant waives all rights to sue for personal injuries caused by the owner's negligence. In most jurisdictions, such a clause is:

Answer: Unenforceable as against public policy

Exculpatory clauses attempting to waive a landlord's liability for their own negligence are generally void as against public policy in most U.S. states.

Under what circumstance may a condo association have the authority to evict a tenant directly, without involving the unit owner?

Answer: When the governing documents or state statute grant the association this right

Some state statutes and governing documents specifically grant condo associations standing to evict tenants who violate association rules, independent of the unit owner.

A tenant reports a mold problem in a rented condo unit. The owner delays repair for two months. Under the doctrine of constructive eviction, what right may the tenant have?

Answer: Vacate the unit and potentially be relieved of further rent obligations

Constructive eviction occurs when a landlord's failure to maintain habitability forces a tenant to vacate, potentially releasing them from rent liability if properly invoked.

A condo lease contains a clause allowing the landlord to increase rent with 30 days' notice during a fixed-term lease. How would most courts treat this clause?

Answer: Likely unenforceable as it contradicts the fixed-term nature of the lease

Rent increase clauses during a fixed-term lease are generally unenforceable because the fixed term locks in rent; such increases typically require lease renewal or a new agreement.