Tenant Relations & Leasing Flashcards

A condo association's declaration includes a rental cap limiting rentals to 20% of total units at any given time. The cap is currently reached. A new buyer wants to purchase a unit as a rental investment. What should the buyer be aware of?

Answer: The buyer may be unable to rent the unit until a slot opens under the cap

Rental caps in the declaration are binding on all owners including new purchasers; buyers must conduct due diligence and may face a waitlist before being permitted to rent.

A landlord uses a standard lease form that includes a clause waiving the tenant's right to a jury trial in disputes. In most jurisdictions, this clause is:

Answer: Potentially unenforceable, especially in consumer residential leases

Jury trial waiver clauses in residential leases are disfavored and often unenforceable in consumer contexts, as courts view them as one-sided adhesion contract terms.

A tenant in a condo notifies the owner-landlord of a serious plumbing defect. The landlord takes no action for 30 days. Under the 'repair and deduct' remedy available in many states, the tenant may:

Answer: Hire a contractor and deduct reasonable repair costs from rent up to a statutory cap

The repair and deduct remedy allows tenants in qualifying states to arrange necessary repairs themselves and subtract the cost from rent, subject to statutory limits.

A prospective tenant asks a condo landlord about the racial composition of the building during the application process. How should the landlord respond?

Answer: Decline to answer, as providing such information could constitute steering under the Fair Housing Act

Providing racial composition information to prospective tenants could constitute illegal steering under the Fair Housing Act, even if the landlord believes they are being transparent.

A lease renewal negotiation fails and the owner wishes to terminate a month-to-month tenancy. What is the typical statutory notice requirement in most U.S. states?

Answer: 30 days notice

Most U.S. states require a minimum of 30 days written notice to terminate a month-to-month tenancy, though some jurisdictions require longer notice periods.

A condo association adopts a new rule requiring all tenants to provide proof of renters insurance with minimum $100,000 liability coverage. Can this requirement be applied to existing tenants mid-lease?

Answer: Generally no, mid-lease rule changes may not be enforceable against tenants until renewal

New association rules typically cannot override existing lease terms mid-tenancy; such requirements are most properly imposed at lease renewal or for new tenants.

An owner-landlord sells their rented condo unit while a tenant occupies it under a 12-month lease with 5 months remaining. What generally happens to the lease upon sale?

Answer: The lease transfers to the new owner, who must honor its remaining terms

Under the principle that 'sale does not break the lease,' fixed-term leases generally run with the property and bind the new owner to honor the remaining term.