Contract Negotiation & Documentation Flashcards

A lease ends and the tenant stays, and the landlord accepts the next month's rent without a new agreement. In many states this creates:

Answer: A periodic (often month-to-month) tenancy

Accepting rent from a holdover tenant commonly creates a periodic tenancy under the prior terms.

What is the main purpose of an early termination (buy-out) clause?

Answer: To define a pre-agreed fee and process for the tenant ending the lease early

A buy-out clause sets clear costs and steps for early exit, reducing disputes.

Under the Servicemembers Civil Relief Act (SCRA), a servicemember may terminate a residential lease when:

Answer: They receive PCS orders or deployment orders for 90+ days

The SCRA allows lease termination with written notice upon qualifying military orders.

Which is the BEST way to handle a tenant's request for a reasonable accommodation under the Fair Housing Act?

Answer: Evaluate it promptly, engage in an interactive process, and document the decision

Fair housing rules require timely, documented consideration without demanding unnecessary medical details.

A landlord wants to add a new rule mid-lease that materially changes the tenant's obligations. Generally, the landlord must:

Answer: Obtain tenant agreement or wait until renewal, unless the lease reserves reasonable rule changes

Material changes to a fixed-term lease typically require consent unless the lease permits reasonable rule updates.

Which item should be included in a pet addendum?

Answer: Pet description, deposit or fees, and liability for damage

A pet addendum should identify the animal and set fees, rules, and damage responsibility.

Under federal fair housing guidance, can a landlord charge a pet deposit for an assistance animal?

Answer: No, pet fees and deposits cannot be charged for assistance animals

Assistance animals are not pets, so pet deposits and fees may not be charged, though tenants remain liable for actual damage.