Tenant Relations & Leasing Flashcards

A condo association's rules state that tenants may not operate a home-based business. A tenant is a freelance graphic designer who works from home on a computer with no client visits or signage. Is this likely a violation?

Answer: Likely no, since the activity causes no impact on neighbors and involves no commercial signage or traffic

Courts and associations typically focus on community impact; invisible home-based work with no traffic, signage, or disturbance is often not considered a prohibited commercial use.

A unit owner-landlord fails to return a security deposit within the statutory deadline without explanation. Under most state laws, the penalty can include:

Answer: Return of the deposit plus statutory damages, sometimes double or triple the deposit

Most states impose statutory penalties for wrongful withholding of security deposits, often ranging from double to triple the withheld amount plus attorney's fees.

Which lease clause would be considered an illegal provision under the Fair Housing Act if applied selectively based on a protected class?

Answer: Requiring families with children to occupy only ground-floor units

Restricting families with children to specific units constitutes familial status discrimination, which is prohibited under the Fair Housing Act.

A condo association assesses a special assessment during an active lease term. Who is responsible for paying the special assessment?

Answer: The unit owner, unless the lease explicitly transfers this obligation

Special assessments are the financial obligation of the unit owner; unless the lease specifically assigns them to the tenant, the owner bears this cost.

A landlord discovers the tenant has been subletting the condo unit via a peer-to-peer rental app without permission. The lease prohibits subletting. What is the owner's most appropriate first step?

Answer: Issue a lease violation notice and give the tenant an opportunity to cure

The proper process for a lease violation is to issue a written notice of violation, giving the tenant the opportunity to cure before escalating to eviction proceedings.

Under the Americans with Disabilities Act (ADA), which of the following most directly applies to a condo community's common areas?

Answer: ADA may apply to common areas open to the public, such as a rental office or sales center

While the ADA generally doesn't govern private residential units, common areas used as public accommodations (like sales offices) may be subject to ADA accessibility requirements.

A condo owner wants to convert a leased unit back to owner-occupancy. The tenant has 8 months remaining on a fixed-term lease. What must the owner do?

Answer: Honor the remaining lease term before reclaiming the unit

A fixed-term lease runs to its expiration regardless of the owner's intent to reoccupy; the owner must wait until the lease naturally expires or negotiate a mutual early termination.