Quiz 4 Part 3
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Questions and Answers

When a tenant seeks to assign their lease, whose consent is legally required?

  • The property manager
  • The landlord (correct)
  • The landlord's attorney
  • The tenant's attorney

Which of the following is NOT typically considered an essential element for a contract to be valid?

  • Consideration
  • The person must be a U.S. citizen (correct)
  • Competent parties
  • Lawful objective

In which type of lease does the tenant cover a portion, or all, of the property expenses that a property owner would normally pay, in addition to rent?

  • Net Lease (correct)
  • Graduated Lease
  • Leasehold Estate
  • Index Lease

What is the term for a contractual clause that predetermines the sum payable in the event of a breach?

<p>Liquidated Damages (D)</p> Signup and view all the answers

What is the minimum age a person must be to legally enter into a lease agreement as a tenant in New York State?

<p>18 years old (B)</p> Signup and view all the answers

What is a contract known as once all of its obligations have been fulfilled by all parties?

<p>Executed Contract (A)</p> Signup and view all the answers

In what type of lease are 'use provisions' most commonly included?

<p>Commercial leases (B)</p> Signup and view all the answers

What kind of estate is automatically renewed, such as a month-to-month or year-to-year lease?

<p>Periodic Lease (D)</p> Signup and view all the answers

Which law requires certain contracts to be in writing to be legally enforceable?

<p>Statute of Frauds (D)</p> Signup and view all the answers

What is the name of the standardized set of laws that govern financial contracts?

<p>Uniform Commercial Code (A)</p> Signup and view all the answers

What is the legal significance of selling an item with the disclaimer "as-is"?

<p>&quot;As-is&quot; (A)</p> Signup and view all the answers

What is the legal term for when a landlord takes back possession of their property from a tenant?

<p>Eviction (D)</p> Signup and view all the answers

Which of the following is NOT a standard privilege a tenant is entitled to in a typical lease?

<p>One month of free rent (B)</p> Signup and view all the answers

Under the Statute of Frauds, what crucial element must a valid contract contain?

<p>Must be in-writing (C)</p> Signup and view all the answers

What describes a lease agreement where the tenant is allowed to use a piece of land owned by the landlord in return for rent?

<p>Land Lease (C)</p> Signup and view all the answers

In New York State, which of the following is regarded as an illegal method of eviction?

<p>Self-help eviction (B)</p> Signup and view all the answers

What is the term for agreements written into deeds promising certain actions or restrictions on property use?

<p>Covenant (B)</p> Signup and view all the answers

In contract terms, what is the significance of the phrase 'time is of the essence'?

<p>&quot;Time is of the essence&quot; (C)</p> Signup and view all the answers

What type of lease requires the tenant to pay a portion of the common expenses related to real estate in addition to the base rent?

<p>Triple Net Lease (B)</p> Signup and view all the answers

What is an offer made in response to an unacceptable offer?

<p>Counteroffer (C)</p> Signup and view all the answers

If an agreement results from the involved parties' actions, and not from written or spoken words, it is known as what?

<p>Implied Contract (C)</p> Signup and view all the answers

Which of the following is NOT an example of a valid contract?

<p>Letter of Intent (A)</p> Signup and view all the answers

What is the name of a contract where somebody transfers rights of real property to another for life, for a term of years, or at will, typically for rent?

<p>Lease (C)</p> Signup and view all the answers

What does the term 'Caveat Emptor' mean?

<p>Caveat Emptor (D)</p> Signup and view all the answers

What term describes a deposit given to a lender, seller, or landlord as proof of intent?

<p>Security Deposit (C)</p> Signup and view all the answers

A lender and borrower reach a special agreement to delay a foreclosure.

<p>Forbearance (B)</p> Signup and view all the answers

What is the statute called that bars all right of action after a certain period of time from the time when a cause of action first arises?

<p>Statute of Limitation (C)</p> Signup and view all the answers

Which of the following is NOT a typical standard requirement found in a lease agreement?

<p>The tenant must have a minimum amount of money in the bank (B)</p> Signup and view all the answers

What is the interest or estate which a lessee of real estate has therein by virtue of the lessee's lease is known as?

<p>Leasehold Estate (C)</p> Signup and view all the answers

What is the name of a contractual right that gives its holder the option to enter a business transaction with the owner of something, according to specified terms, before the owner is entitled to enter into the transaction with a third party?

<p>Right of First Refusal (B)</p> Signup and view all the answers

When a tenant wants to transfer all rights and obligations of their lease to another party, this is known as:

<p>Assignment (A)</p> Signup and view all the answers

Which lease type involves increasing rental payments over a specified period?

<p>Graduated lease (A)</p> Signup and view all the answers

What is the term for an action invalidating a contract from its beginning, as if it never existed?

<p>Void ab initio (A)</p> Signup and view all the answers

Which of the following best describes 'specific performance' as a remedy in contract law?

<p>Forcing the breaching party to fulfill the contract terms (A)</p> Signup and view all the answers

What clause in a lease protects the tenant from interference by the landlord in their use of the property?

<p>Quiet enjoyment clause (D)</p> Signup and view all the answers

What is the legal term for seizing property to satisfy a debt?

<p>Attachment (B)</p> Signup and view all the answers

What standard clause identifies a property's boundaries in a real estate contract?

<p>Description clause (B)</p> Signup and view all the answers

In a contract, what does 'consideration' refer to?

<p>Something of value exchanged by the parties (C)</p> Signup and view all the answers

What is the purpose of an 'escalation clause' in a contract?

<p>To allow for a price increase under certain conditions (C)</p> Signup and view all the answers

What term refers to adding something to a property that benefits it, such as a new fixture?

<p>Appurtenance (C)</p> Signup and view all the answers

Flashcards

Lease assignment consent

Only the landlord must consent prior to a lease assignment.

Net Lease

A lease that requires the tenant to pay some or all of the property expenses, in addition to rent.

Liquidated Damages

Payment of a specified sum should one of the parties be in breach of contract.

Minimum age for lease

A tenant must be at least 18 years old to sign a lease in New York State.

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Executed Contract

An agreement that has been fully performed.

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Use provisions in leases

Commercial leases usually contain a use provision.

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Periodic Lease

Also known as a tenancy from year to year, month to month, or week to week.

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Statute of Frauds

A State law which provides that certain contracts must be in writing.

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Uniform Commercial Code (UCC)

A standard set of business laws that regulate financial contracts.

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"As-is"

A legal term used to disclaim some implied warranties for an item being sold.

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Eviction

A legal proceeding by a lessor landlord to recover possession of real property.

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A tenant entitlement in a lease

A tenant is never entitled to one month of free rent; however, some landlords may offer this incentive to attract new tenants more quickly.

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Essential element of a valid contract

According to the statute of frauds, all contracts must be in-writing. The remaining answer choices are not required in a contract.

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Land Lease

A lease agreement that permits the tenant to use a piece of land owned by the landlord in exchange for rent.

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Illegal means of eviction

The only answer choice that is considered illegal is self-help eviction.

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Covenant

Agreements written into deeds and other instruments promising performance or nonperformance of certain acts, or stipulating certain uses or non-uses of the property.

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"Time is of the essence"

A phrase in a contract that means that performance by one party at or within the period specified in the contract is necessary to enable that party to require performance by the other party.

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Triple Net Lease

A lease in which the tenant or lessee is responsible for paying a portion of or all of the common expenses related to real estate ownership, in addition to base rent.

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Counteroffer

A type of offer made in response to another offer, which was seen as unacceptable.

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Implied Contract

An agreement created by actions of the parties involved, but it is not written or spoken.

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Lease

A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such rights to another for life, for a term of years, or at will.

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Caveat Emptor

This means 'let the buyer beware'.

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Security Deposit

A monetary deposit given to a lender, seller or landlord as proof of intent.

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Forbearance

A special agreement between the lender and the borrower to delay a foreclosure.

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Statute of Limitation

A statute barring all right of action after a certain period of time from the time when a cause of action first arises.

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Lease Requirement

A minimum cash reserve is not a requirement to sign a lease. The remaining answer choices are requirements of a lease.

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Leasehold Estate

The interest or estate which a lessee of real estate has therein by virtue of the lessee's lease.

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Right of First Refusal

A contractual right that gives its holder the option to enter a business transaction with the owner of something, according to specified terms, before the owner is entitled to enter into the transaction with a third party.

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Study Notes

  • Landlord consent is required when a tenant assigns a lease.
  • Being a US citizen is not an essential element of a valid contract.
  • A net lease requires the tenant to pay some or all property expenses, in addition to rent, that the property owner normally pays.
  • Liquidated damages refer to a specified sum one of the parties pays when they breach a legal contract
  • In New York State, a tenant must be at least 18 years old to sign a lease.
  • An executed contract is an agreement that has been fully performed.
  • Commercial leases typically contain a use provision.
  • A periodic lease is a tenancy from year to year, month to month, or week to week, and exists for some time determined by the term of rent payment.
  • The Statute of Frauds is a state law requiring certain contracts to be in writing to be enforceable.
  • The Uniform Commercial Code (UCC) is a standard set of business laws regulating financial contracts.
  • "As-is" is a legal term used to disclaim some implied warranties for an item being sold.
  • Eviction is a legal proceeding by a lessor/landlord to recover possession of real property.
  • Tenants typically aren't entitled to one month of free rent.
  • According to the statute of frauds all contracts must be in writing.
  • A land lease permits a tenant to use a piece of land owned by the landlord, in exchange for rent.
  • Self-help eviction is an illegal means of eviction in New York State.
  • A covenant is an agreement written into deeds and other instruments promising performance or nonperformance of certain acts, or stipulating certain uses or non-uses of property.
  • "Time is of the essence" means performance by one party within the specified period is necessary for that party to require performance by the other.
  • A triple net lease involves the tenant or lessee paying a portion or all of the common expenses related to real estate ownership, in addition to base rent.
  • A counteroffer is a type of offer made in response to another offer, which was deemed unacceptable.
  • An implied contract is an agreement created by actions of the parties, but is not written or spoken.
  • A letter of intent is not an example of a valid contract
  • A lease is a contract where one who is entitled to the possession of real property transfers such rights to another for life, for a term of years, or at will.
  • "Caveat emptor" means "let the buyer beware."
  • A security deposit is a monetary deposit given to a lender, seller, or landlord as proof of intent.
  • Forbearance is a special agreement between the lender and the borrower to delay a foreclosure.
  • The Statute of Limitations is a statute barring all right of action after a certain period of time from when a cause of action first arises.
  • Requiring a minimum amount of money in the bank is not a standard requirement found in a lease agreement.
  • A leasehold estate is the interest or estate which a lessee of real estate has by virtue of the lessee's lease.
  • The Right of First Refusal is a contractual right giving its holder the option to enter a business transaction with the owner of something, according to specified terms, before the owner enters the transaction with a third party.

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Description

Key concepts related to real estate leases and contracts are presented. Topics covered include landlord consent, essential contract elements, net leases, liquidated damages, tenant age requirements in New York, executed contracts, commercial lease provisions, periodic leases, the Statute of Frauds, and the Uniform Commercial Code.

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