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NYLE Real Property actual exam with 100- correct answers 2025.
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NYLE Real Property actual exam with 100- correct answers 2025.
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NYLE: Real Property actual examwith 100% correct answers 2025
Name four types of common-law tenancies recognized by NY -
answer 1) tenancy for years
2) periodic: month to month or year-to-year
3) tenancy at-will (unspecific can be term any time)
4) tenancy at sufferance (continued after lease on same terms as
lease, terminated written notice 30 days)
Assignment of sublease (not rent stabalized)
Rule for dwellikng with 3 or less units - answer 1)Tenant may not
assign without consent of landlord,
2) landlord may withhold consent without cause.
3) However, if landlord unreasonably withholds consent, the tenant
may be released from the lease upon request with 30 days notice
Assignment of sublease (not rent stabalized)
Rule for dwelling with 4 or more units - answer 1) tenant has the
right to sublease, with written notice to and consent from landlord
2) landlord may not withhold consent unreasonably
Holdover rule - answer 1) If a lease term is longer than a month,
2) and after the lease term ends
3) the landlord accepts rent for any period subsequent
4) a month-to-month tenancy is created
Termination of monthly or month-to-month
, in NYC - answer Tenant cannot be removed for holdover, unless at
least 30 days before expiration of term, landlord serves notice in
writing of termination
Termination of monthly or month-to-month
outside of NYC - answer Either landlord or tenant may terminate
tenancy by notifying the other at least one month before expiration
of the term
What gives the landlord the right to commence a "special
proceeding to recover posession" ie eviction? - answer Any breach
of the lease
If tenant abandons the leased property, does the landlord have to
mitigate? - answer No the landlord has no duty to mitigate
damages by re-letting abandoned property
What happens with tenant's right to recover fees when the landlord
created a lease providing for fees in eviction proceeding? - answer
it is implied in the lease that the tenant can also recover fees in
defense of an eviction proceeding.
When must a landlord deposit the security deposit in an interest-
bearing account? How much may the landlord retain of the interest?
- answer If a rental is in a building with 6 or more units, the
landlord must deposit the security in an interest-bearing account.
The landlord, in any case, may keep 1% of the interest for expenses.
Risk of Loss under 5-1311
What is the remedy if neither title nor possession has passed?
material and non-material destruction - answer If all or a material
part of the property is destroyed without fault of the buyer or taken
by eminent domain, the seller cannot enforce the contract and
buyer is entitled to recover the deposit.
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