CCS Tenant Relations & Leasing 5

Question 1

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?

Accepted Answer

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

Answer

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.

Question 2

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:

Accepted Answer

Potentially unenforceable, especially in consumer residential leases

Answer

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.

Question 3

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:

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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?

Accepted Answer

30 days notice

Answer

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.

(CCS) Certified Condominium Specialist Practice Test

(CCS) Certified Condominium Specialist Practice Test

CCS Tenant Relations & Leasing 5