Real Estate Investing Landlord and Tenant Law 3 β Questions and Answers
Question 1: A landlord enters a tenant's unit without notice to make repairs. In most states, this violates the tenant's right to:
- First refusal on sale
- Quiet enjoyment (Correct answer)
- Implied habitability
- Lease renewal
Correct answer: Quiet enjoyment
Entering without proper notice (typically 24β48 hours) violates the tenant's right to quiet enjoyment of the premises.
Question 2: What is 'constructive eviction' in landlord-tenant law?
- A court-ordered removal of a tenant
- When a landlord's failure to maintain habitability forces a tenant to leave (Correct answer)
- An eviction notice given without cause
- Eviction resulting from a lease violation
Correct 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.
Question 3: 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?
- The landlord in all cases
- The tenant, unless a federally assisted housing program applies (Correct answer)
- The state housing authority
- The modification cost is split 50/50
Correct 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.
Question 4: A landlord discovers a tenant is operating an unlicensed daycare business from the rental unit. This most likely violates which lease provision?
- Right of first refusal clause
- Use and occupancy clause (Correct answer)
- Rent escalation clause
- Subordination clause
Correct 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.
Question 5: What distinguishes a lease from a license in real estate?
- A lease requires a security deposit; a license does not
- A lease grants exclusive possession; a license grants only permission to use (Correct answer)
- A license is recorded; a lease is not
- A lease is always written; a license is always oral
Correct 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.
Question 6: Which notice is typically required before a landlord can file an unlawful detainer (eviction) action for non-payment of rent?
- Immediate eviction without notice
- 3-day pay or quit notice (Correct answer)
- 30-day notice to vacate
- 60-day notice to cure
Correct 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.
Question 7: 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:
- Suing the subtenant directly for rent
- Terminating the lease for material breach (Correct answer)
- Reducing the security deposit
- Filing a criminal complaint
Correct 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.
Real Estate Investing Landlord and Tenant Law 3
A landlord enters a tenant's unit without notice to make repairs.
In most states, this violates the tenant's right to: