Legal & Ethical Considerations Flashcards

Most state landlord-tenant laws require that security deposits be returned to the tenant within a specified period after move-out. If the landlord fails to return the deposit on time without a valid itemized claim, the typical penalty is:

Answer: Double or triple the deposit amount as damages

Many states impose double or triple damages on landlords who wrongfully withhold security deposits beyond the statutory deadline.

A property manager discovers a lease clause that waives the tenant's right to a habitable unit. Under the implied warranty of habitability, this clause is:

Answer: Void and unenforceable as against public policy

The implied warranty of habitability is a non-waivable right in residential leases; courts void clauses that attempt to override it.

Which of the following conditions would most clearly constitute a breach of the implied warranty of habitability?

Answer: Non-functioning heat during winter months in a cold climate

Lack of heat in cold weather directly affects tenant health and safety and is a classic example of a habitability breach.

A landlord enters a tenant's unit without notice to make a non-emergency repair. Most state laws require advance notice of at least:

Answer: 24 hours

Most states mandate a minimum of 24 hours' advance notice before a landlord enters for non-emergency purposes to protect tenant privacy rights.

Under the concept of 'constructive eviction,' a tenant may legally break a lease when:

Answer: The landlord's failure to maintain the property makes it uninhabitable

Constructive eviction occurs when a landlord's actions or neglect so severely interfere with the tenant's enjoyment that the tenant is effectively forced to vacate.

A property manager wants to change the lease terms for a month-to-month tenant. What is generally required before those changes take effect?

Answer: Written notice equal to the rental payment period (typically 30 days)

For month-to-month tenancies, most states require written notice equal to the rental period—typically 30 days—before modifying lease terms.

A tenant sublets the unit without the landlord's written consent as required by the lease. The property manager's most appropriate first step is to:

Answer: Issue a written notice to cure the lease violation within the time allowed by state law

A proper cure notice gives the tenant the opportunity to remedy the lease violation before the manager pursues eviction, as required by most state statutes.