CCS Tenant Relations & Leasing 3 — Questions and Answers
Question 1: 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?
- No, associations cannot collect tenant information
- Yes, if authorized by the governing documents or state statute (Correct answer)
- Only if the tenant consents in writing
- Only for leases longer than one year
Correct 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.
Question 2: 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?
- A verbal explanation of the credit issues found
- An adverse action notice including the credit agency's contact information (Correct answer)
- A copy of the full credit report provided to the tenant automatically
- Proof that the association also approved the screening criteria
Correct 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.
Question 3: What does the implied warranty of habitability require of a unit owner leasing a condo unit?
- The unit must be aesthetically updated annually
- The unit must meet basic living standards and be safe for occupancy throughout the tenancy (Correct answer)
- The owner must obtain HOA approval of all repairs
- The tenant must waive habitability rights in writing
Correct 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.
Question 4: 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:
- Fully enforceable as a matter of contract freedom
- Unenforceable as against public policy (Correct answer)
- Enforceable only if witnessed by a notary
- Valid only if the HOA co-signs the lease
Correct 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.
Question 5: Under what circumstance may a condo association have the authority to evict a tenant directly, without involving the unit owner?
- Never — only the owner has eviction standing
- When the governing documents or state statute grant the association this right (Correct answer)
- Only after the owner has filed for bankruptcy
- After three written warnings issued by the board
Correct 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.
Question 6: 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?
- File a noise complaint with local authorities
- Vacate the unit and potentially be relieved of further rent obligations (Correct answer)
- Demand the HOA pay for temporary housing
- Sublease the unit without landlord consent
Correct 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.
Question 7: 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?
- Fully enforceable since parties freely negotiated it
- Likely unenforceable as it contradicts the fixed-term nature of the lease (Correct answer)
- Valid only if the HOA board approves the rent increase
- Enforceable only if the increase is under 5%
Correct 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.
CCS Tenant Relations & Leasing 3
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?