CCS Tenant Relations & Leasing 2 — Questions and Answers
Question 1: A tenant in a condominium unit files a habitability complaint about a broken HVAC system in January. Who is typically responsible for repair when the unit is owner-rented?
- The HOA, since HVAC is a common element
- The unit owner/landlord, per lease obligations (Correct answer)
- The tenant, as they accepted the unit as-is
- The condo association's management company
Correct answer: The unit owner/landlord, per lease obligations
When an owner leases their condo unit, the owner/landlord retains responsibility for maintaining habitability, including major systems like HVAC.
Question 2: A condo association's governing documents prohibit leasing units for terms shorter than 6 months. A unit owner wants to list on a short-term rental platform. What is the correct course of action?
- Proceed if local law allows short-term rentals
- List the unit since short-term platforms aren't explicitly named
- Seek an amendment to the governing documents or refrain from short-term renting (Correct answer)
- Contact the platform to negotiate compliant listings
Correct answer: Seek an amendment to the governing documents or refrain from short-term renting
Minimum lease term restrictions in governing documents are enforceable, and owners must comply or pursue a formal amendment through the association.
Question 3: Under most state landlord-tenant laws, what is the maximum notice period a landlord typically must give before entering a tenant-occupied condo unit for non-emergency repairs?
- 12 hours
- 24 hours (Correct answer)
- 48 hours
- 72 hours
Correct answer: 24 hours
Most U.S. states require at least 24 hours advance notice before a landlord may enter a tenant's dwelling for non-emergency purposes.
Question 4: A tenant in a rented condo unit repeatedly violates the association's no-pet policy. The unit owner is away. Who has standing to enforce the association's rules against the tenant?
- Only the unit owner can enforce rules on their tenant
- The condo association can enforce rules directly against occupants (Correct answer)
- The HOA must sue the tenant in small claims court first
- The tenant's co-signers are responsible for rule compliance
Correct answer: The condo association can enforce rules directly against occupants
Condo associations generally have authority to enforce their rules and regulations directly against all occupants, including tenants, not just unit owners.
Question 5: A unit owner collects a $2,000 security deposit from a tenant. Under most state laws, where must this deposit be held?
- In the owner's personal checking account for easy access
- In a separate escrow or trust account (Correct answer)
- Deposited with the condo association for safekeeping
- In a joint account with the tenant's name
Correct answer: In a separate escrow or trust account
Most state laws require security deposits to be held in a separate, dedicated escrow or trust account and not commingled with the landlord's personal funds.
Question 6: A condo lease expires and the tenant continues to pay monthly rent, which the owner accepts. What type of tenancy has most likely been created?
- Tenancy at sufferance
- Periodic tenancy (month-to-month) (Correct answer)
- Tenancy at will
- Holdover tenancy requiring immediate eviction
Correct answer: Periodic tenancy (month-to-month)
When a landlord accepts rent after lease expiration, a periodic (month-to-month) tenancy is typically created by implication under most state laws.
Question 7: A prospective tenant with a disability requests permission to install grab bars in a rented condo unit bathroom. Under the Fair Housing Act, what must the owner do?
- Refuse since modifications alter the unit structure
- Permit the modification at reasonable conditions, including restoration upon move-out (Correct answer)
- Perform the modification themselves at no cost to the tenant
- Require HOA board approval before any response
Correct answer: Permit the modification at reasonable conditions, including restoration upon move-out
The Fair Housing Act requires landlords to allow reasonable modifications for persons with disabilities, though they may require restoration of the unit to original condition upon vacating.
CCS Tenant Relations & Leasing 2
A tenant in a condominium unit files a habitability complaint about a broken HVAC system in January.
Who is typically responsible for repair when the unit is owner-rented?