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NYLE - Real Property Test questions and answers 2025 latest update.
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NYLE - Real Property Testquestions and answers 2025
latest update.
Landlord and Tenant - answer Article 7 of the Real Property Law
(RPL) contains many specific provisions regarding leases of real
property.
Landlord and Tenant: Formation of lease: GOL §§ 5-702, 5-703; RPL §§
235-f, 237 - answer A lease for a longer period than one year is
void unless in writing subscribed by the party to be charged or his
or her lawful agent (GOL § 5-703). A lease for a period of one year or
less may be oral.
Every written residential lease must be written in a clear and
coherent manner, using words with common and everyday meanings
and must be appropriately divided and captioned in its various
sections (GOL § 5-702).
A lease cannot prohibit occupancy by dependent children of tenant
or tenant's spouse or contain a clause requiring tenants to remain
childless (RPL §§ 235-f, 237).
Landlord and Tenant: Types of tenancies - answer New York
recognizes the same types of tenancies as at common law:
• Tenancy for years;
• Periodic, month-to-month, year-to-year;
• Tenancy at will; or
• Tenancy at sufferance.
, Landlord and Tenant: Assignment and sublease: RPL § 226-b -
answer If a residential lease is in a dwelling having fewer than four
residential units, a tenant may not assign the lease without consent
of the landlord, which consent may be unconditionally withheld
without cause. A landlord who unreasonably withholds consent must
release the tenant from the lease if the tenant has so requested
upon 30 days' notice.
If the residential lease is in a dwelling having four or more
residential units, a tenant has a right to sublease, upon complying
with notice provisions contained in the statute subject to written
consent of the landlord, which consent may not be unreasonably
withheld.
Different rules may apply to public housing, rent-stabilized
properties and cooperatives.
Landlord and Tenant: Warranty of Habitability: RPL § 235-b - answer
Every written or oral lease for residential property is deemed to
contain a warranty of habitability. The landlord is deemed to
warrant that the leased premises are fit for human habitation and
for the uses reasonably intended by the parties and that the
occupants of such premises shall not be subjected to any conditions
which would be dangerous, hazardous or detrimental to their life
health or safety. Any agreement by a tenant waiving or modifying
his or her rights under the statute is void as contrary to public
policy.
Landlord and Tenant: Holdovers: RPL § 232-c - answer If a term of
lease is longer than one month, the tenant's holding over does not
give the landlord the option to hold the tenant to a new term equal
to the term of the lease. The landlord may proceed to remove the
tenant as permitted by law, but if the landlord accepts rent for any
period subsequent to the lease expiring, a month-to-month tenancy
is created.
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