CRM Legal & Ethical Considerations 3 — Questions and Answers
Question 1: 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:
- Loss of the right to make any deductions
- Double or triple the deposit amount as damages (Correct answer)
- A flat $500 fine per state statute
- Mandatory arbitration with the tenant
Correct 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.
Question 2: 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:
- Enforceable if both parties signed willingly
- Void and unenforceable as against public policy (Correct answer)
- Valid only if the rent is reduced proportionally
- Permissible in commercial properties but not residential
Correct 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.
Question 3: Which of the following conditions would most clearly constitute a breach of the implied warranty of habitability?
- A slow-draining bathroom sink that does not affect water use
- Non-functioning heat during winter months in a cold climate (Correct answer)
- Worn carpet that is still intact and functional
- A cosmetic crack in a non-load-bearing wall
Correct 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.
Question 4: A landlord enters a tenant's unit without notice to make a non-emergency repair. Most state laws require advance notice of at least:
- 6 hours
- 12 hours
- 24 hours (Correct answer)
- 48 hours
Correct 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.
Question 5: Under the concept of 'constructive eviction,' a tenant may legally break a lease when:
- The landlord raises rent above market rate
- The landlord's failure to maintain the property makes it uninhabitable (Correct answer)
- A new property manager takes over the building
- The tenant loses employment and cannot afford rent
Correct 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.
Question 6: A property manager wants to change the lease terms for a month-to-month tenant. What is generally required before those changes take effect?
- Verbal notification at least one week prior
- Written notice equal to the rental payment period (typically 30 days) (Correct answer)
- Mutual written agreement signed before any change
- No notice is required for month-to-month tenancies
Correct 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.
Question 7: 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:
- Immediately file for eviction
- Accept rent from the sublessee to avoid vacancy
- Issue a written notice to cure the lease violation within the time allowed by state law (Correct answer)
- Call law enforcement to remove the sublessee
Correct 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.
CRM Legal & Ethical Considerations 3
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: