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 landlord enters a tenant's unit without notice to make repairs. In most states, this violates the tenant's right to:
Answer: Quiet enjoyment
Entering without proper notice (typically 24–48 hours) violates the tenant's right to quiet enjoyment of the premises.
What is 'constructive eviction' in landlord-tenant law?
Answer: When a landlord's failure to maintain habitability forces a tenant to leave
Constructive eviction occurs when a landlord's neglect or interference makes the property uninhabitable, forcing the tenant to vacate.
Under the Americans with Disabilities Act (ADA) and Fair Housing Act, a landlord must allow a tenant with a disability to make reasonable modifications. Who typically pays for these modifications?
Answer: The tenant, unless a federally assisted housing program applies
In most private housing, the tenant pays for reasonable modifications, though the landlord must permit them; federal programs may shift this cost.
A landlord discovers a tenant is operating an unlicensed daycare business from the rental unit. This most likely violates which lease provision?
Answer: Use and occupancy clause
A use and occupancy clause restricts the tenant to residential use only, and operating a business would be a material lease violation.
What distinguishes a lease from a license in real estate?
Answer: A lease grants exclusive possession; a license grants only permission to use
A lease grants the tenant exclusive possession and creates a property interest, while a license merely gives permission to use property without exclusive rights.
Which notice is typically required before a landlord can file an unlawful detainer (eviction) action for non-payment of rent?
Answer: 3-day pay or quit notice
Most states require a 3-day 'pay or quit' notice giving the tenant a brief window to pay overdue rent or vacate before the landlord files for eviction.
A tenant sublets their apartment to a subtenant without the landlord's written consent, as prohibited by the lease. The landlord's best remedy is:
Answer: Terminating the lease for material breach
Unauthorized subletting is a material breach of the lease, giving the landlord grounds to terminate the tenancy through an eviction proceeding.