Tenant Screening & Lease Agreements Flashcards
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Read the first 7 Tenant Screening & Lease Agreements flashcards as text
What does a joint and several liability clause in a lease with multiple roommates mean?
Answer: Each roommate can be held responsible for the full rent and all damages
Joint and several liability lets the landlord collect the entire amount owed from any one or all of the co-tenants.
A fixed-term lease expires, the resident stays, and the landlord accepts the next monthly rent payment. In most states, what tenancy is created?
Answer: Month-to-month periodic tenancy
Accepting rent from a holdover tenant generally creates a periodic tenancy that matches the rent payment interval.
Which arrangement fully releases the original tenant from all liability under the lease?
Answer: Novation
A novation replaces the original tenant with a new party and releases the original tenant, while an assignment alone usually leaves them secondarily liable.
Which lease clause is generally unenforceable in residential leases in most U.S. states?
Answer: A tenant's waiver of the landlord's duty to keep the unit habitable
The implied warranty of habitability generally cannot be waived by residential tenants, so such clauses are void.
The covenant of quiet enjoyment in a lease primarily guarantees what?
Answer: The tenant's right to possess and use the premises without the landlord's unreasonable interference
Quiet enjoyment protects the tenant's possession and use from interference by the landlord or those claiming through the landlord.
Under the Statute of Frauds in most states, which lease must be in writing to be enforceable?
Answer: A lease with a term longer than one year
Most states require leases longer than one year to be in writing to be enforceable.
For residential housing built before 1978, what must a landlord give before a tenant becomes obligated under the lease?
Answer: A lead-based paint disclosure and the EPA lead hazard pamphlet
Federal law requires lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home" for pre-1978 housing.
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