Legal & Ethical Considerations Flashcards

In an unlawful detainer (eviction) proceeding, which action by a landlord would constitute a 'self-help eviction' and is illegal in virtually all U.S. states?

Answer: Changing the locks while the tenant is away

Changing locks, removing belongings, or shutting off utilities to force a tenant out without a court order are self-help evictions, which are illegal in nearly every state.

A landlord wins an eviction judgment but the tenant refuses to leave. The next step to legally remove the tenant is to:

Answer: Request a writ of possession from the court

A writ of possession authorizes a law enforcement officer to physically remove the tenant after the landlord wins the eviction case.

Under property management ethics, a manager who handles multiple client properties discovers a lucrative leasing opportunity that would benefit one client over another. The ethical obligation is to:

Answer: Disclose the conflict and let both clients decide

Fiduciary duty requires full disclosure of conflicts of interest so clients can make informed decisions about their interests.

The Megan's Law requirement that is most relevant to residential property management obligates managers to:

Answer: Be aware of state-specific rules on what must or may be disclosed about nearby registrants

State Megan's Law disclosure obligations vary widely; managers must know their state's specific rules on whether and how to disclose registrant information.

A property manager is sued because a tenant was injured by a third-party criminal attack in the parking lot. Under the theory of premises liability, the key legal question is whether the manager:

Answer: Knew or should have known of prior similar crimes and failed to take reasonable steps

Premises liability for third-party crimes hinges on foreseeability—whether prior incidents put the manager on notice and whether reasonable security measures were taken.

A residential property manager who holds a real estate license owes clients which highest standard of legal duty?

Answer: Fiduciary duty

Licensed property managers owe a fiduciary duty to their clients, which includes loyalty, disclosure, confidentiality, obedience, reasonable care, and accounting.

Which federal law primarily governs the environmental disclosure of asbestos-containing materials in residential buildings and requires notification before renovation activities?

Answer: The Clean Air Act's NESHAP regulations

EPA's NESHAP regulations under the Clean Air Act require notification and work practice standards before renovating or demolishing buildings with asbestos-containing materials.