Landlord and Tenant Law Flashcards
7 cards from real Real Estate Investing practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Landlord and Tenant Law flashcards as text
A tenant in a month-to-month tenancy receives a rent increase notice. What is the minimum notice period required under most state laws?
Answer: 30 days
Most states require at least 30 days' written notice before implementing a rent increase on a month-to-month tenancy.
Which doctrine prevents a landlord from evicting a tenant in retaliation for reporting housing code violations to authorities?
Answer: Retaliatory eviction doctrine
The retaliatory eviction doctrine prohibits landlords from evicting tenants as punishment for exercising their legal rights, such as reporting code violations.
A landlord refuses to rent to a family with children, citing a 'no children' policy. Under the Fair Housing Act, this is:
Answer: Illegal discrimination based on familial status
The Fair Housing Act prohibits discrimination based on familial status, making 'no children' policies illegal except in qualifying senior housing communities.
What is the purpose of an estoppel certificate in a real estate transaction involving a tenant-occupied property?
Answer: To confirm lease terms and tenant's claims against the landlord
An estoppel certificate is signed by the tenant to confirm lease terms, rent amount, and any outstanding claims, protecting buyers in due diligence.
Under the implied warranty of habitability, which condition would most likely constitute a breach?
Answer: Non-functional heating system in winter
A non-functional heating system in winter is a serious habitability defect because it threatens tenant health and safety.
A tenant abandons a rental unit mid-lease in a state that requires landlords to mitigate damages. What must the landlord do?
Answer: Make reasonable efforts to re-rent the unit
In states requiring mitigation, landlords must make reasonable efforts to find a new tenant rather than letting the unit sit vacant and collecting full rent from the abandoning tenant.
Which type of lease clause allows a landlord to increase rent based on changes in a published economic index?
Answer: CPI escalation clause
A CPI (Consumer Price Index) escalation clause ties rent increases to inflation as measured by the CPI, protecting the landlord's real income over time.
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