Uniform Residential Landlord Tenant Act (URLTA) correct answers uniform law governing residential leases
tenancy for years correct answers created by a lease that will run for a specific period of time, terminates automatically on specified ending date
periodic tenancy correct answers has no ...
REAL 5200- Exam #2 || with Accurate Answers 100%.
Uniform Residential Landlord Tenant Act (URLTA) correct answers uniform law governing
residential leases
tenancy for years correct answers created by a lease that will run for a specific period of time,
terminates automatically on specified ending date
periodic tenancy correct answers has no definite ending date and continues until one of the
parties takes proper legal steps to end interest, can be expressly created, must give a full period's
notice or one month
tenancy at will correct answers can be expressly created when parties agree to a lease of property
but provide no time period for the lease, both parties have the right to terminate tenancy at any
time and are not required to provide advanced notice, typically with financed properties
tenancy at sufferance correct answers arises when a tenant from another form of tenancy stays
put, or "holds over" on the landlord's property after the original tenancy ends
Wilson v Fieldgrove correct answers Oral year-to-year lease on farmland. Wilson's husband died
and Fieldgrove tried to sell property at auction. Wilson and son refused to vacate premises and
declared she was entitled to leasehold interest. Court ruled for Mrs. Wilson because Fieldgrove
failed to provide required 6-month notice of intention to terminate lease. Tenant's death did not
terminate the lease.
statute of frauds correct answers lease that is to run for a period longer than a year must usually
be reduced to some form of writing or record; may be informal
doctrine of caveat correct answers tenants lease premises at their own risk and no warranties,
covenants, promises, or guarantees that the premises were habitable
implied warranty of habitability correct answers landlord's guaranty that the premises are fit for
habitation and if not, will be put into that condition; included in URTLA, breach makes lease
void
Residential Lead-Based Paint Hazard Reduction Act correct answers landlords must disclose to
their tenants the presence of lead paint on their leased properties and provide a pamphlet about
the hazards along with molds in some states
Bender v Green correct answers Facts: Green testified he did not sleep because of bedbugs.
Evidence offered was bedbugs in ziploc bags and neighbor testified that the bedbugs appeared
only when Green moved into apartment. Judicial opinion: Presence of bedbugs did constitute a
breach of warranty of habitability but testimony of respondents was not reliable regarding length
and extent of infestation
,security deposit correct answers most common deposit; protects the landlord in the event of
property damage or to cover lost rent if the tenant leaves before the lease ending date and can
retain the deposit until the end of the lease
cleaning deposit correct answers typical lease requirement and may take the form of a
nonrefundable/liquidated feethat all tenants are required to pay; also known as refurbishing,
redecorating, restorations fees
prepaid rent correct answers require tenants to pay first and last month's rent prior to taking
possession of the property
Furlan v Farrar correct answers Facts: Furlan orally agreed to pay for Rhode Island apartment
and paid first month's security deposit. Starting date of rental period in dispute and then Furlan
delayed possession of the apartment and then decided not to take apartment at all and wanted
refund.
Issue: Month-to-month tenancy was created because of the oral rent agreement did not specify
term. Defendant was entitled to deduct amount from security deposit for unpaid, unaccrued rent
because defendant prevented plaintiff from entering apartment.
rent control correct answers limit the amount of rent landlords can charge tenants; in cities like
NYC and San Fran; lease in violation of control is void
Berlinger v Suburban Apartment Management correct answers Facts: Berlinger was a tenant in
an apartment and put a motorcycle on his patio. Lease stated no motorcycles should be kept on
premises. Was fined and did not pay and sued because fine was excessive and wanted security
deposit returned.
Judicial Opinion: Trial court awarded some money. Liquidated damages clause (daily fee for
motorcycle breach is unreasonable and no foreseeable damages simply by presence on property).
Ruled as a breach of contract but no damages made.
conditions on which landlord can enter tenant's dwelling correct answers 1) tenant consents and
purpose is repair and services
2) in case of emergency without consent of tenant
assignment correct answers tenants actually transfer their leasehold interests to third parties who
will take over all obligations and assume all benefits associated with original lease; tenant still
remains obligated to landlord and is liable for damages
subleasing correct answers tenant gives up only portion of the leasehold estate; becomes tenant
of original lessee and not of landlord and there is no legal relationship to landlord
rule in dumpor's case correct answers provided that the landlord consented to one assignment, all
other assignments were also deemed valid
, unconscionability correct answers tenant is required to waive any of the rights, remedies, or
protections under URLTA act; ex: excessive cleaning deposits, excessive security deposits,
waivers of judicial process
constructive eviction correct answers used to require repairs and thereby ensure tenant of
continued habitability; tenant must be able to establish that landlord had obligation to repair
either through covenant in lease agreement or through some statutory/judicially imposed duty
self-help correct answers tenant can make repairs up to $100 if the landlord does not respond
within 14 days of written demand for a repair and then can deduct that amount from rent
tort liability correct answers tenant has not been permitted to repair and deduct but has been
permitted to repair and recover in tort for the damages cause or alleviated through tenant's
corrective actions; tenant must take legal action to recover
lease termination due to constructive eviction correct answers treat state of disrepair as
constructive eviction, vacate premises, and regard lease and obligation to pay rent as terminated
Newkirk v Scala correct answers Facts: Tap water was spoiled and landlord (Scala) failed to act.
Newkirk moved out and filed suit based on breach of warranty of habitability and was awarded
damages.
Judicial Opinion: Every residential lease contains an implied warranty of habitability due to
inadequate plumbing affecting health and safety of tenant.
Yu Fang Tan v Arnel Management Co correct answers Facts: Tang was shot in the neck and
sued for negligent management of the complex as well as not having sufficient parking inside the
gated area and charging more for such spaces.
Probability was foreseeable because previous vicious criminal acts in the area so there was duty
to provide better security measures.
Americans with Disabilities Act (ADA) correct answers requires removal of "architectural
barriers in places of public accommodation when those barriers are readily removable"
Department of Housing and Urban Development v Rucker correct answers Eviction because kids
and grandkids had marijuana and cocaine. Argued that lease terms don't require eviction of
innocent-tenants and if it does the statute is unconstitutional. Court ruling reversed and
concluded that regardless of whether tenant was personally aware of drug activity and statute
was constitutional
Exculpatory Clauses correct answers used to attempt to avoid liability to both tenants and third
parties
forcible detainer correct answers action by landlord for rent that requires tenant to pay or be
evicted by court order
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