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Questions and Answers
What is an unlawful detainer?
Action to evict a tenant and regain possession of the premises
What must a landlord do to evict a tenant under unlawful detainer?
What time frame does a tenant have to respond to an unlawful detainer notice?
What happens if a tenant does not respond to an unlawful detainer notice?
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A landlord can evict a tenant without following the unlawful detainer process.
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What is constructive eviction?
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Define mitigation of damages.
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Which of the following actions is considered retaliatory eviction?
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What is the definition of negligence?
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What is a place of public accommodation?
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What is a tenancy for years?
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Termination of a tenancy for years lease requires notice.
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Does a tenancy for years need to be in writing?
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What is a landlord?
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What defines a tenant?
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What is a periodic tenancy?
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A periodic tenancy can be established by an express or implied lease.
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How is a periodic tenancy renewed?
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What happens when a tenancy for years ends but continues without notice?
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What is required for periodic tenancy termination?
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What is the definition of tenancy at will?
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How can a tenancy at will be terminated?
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What is a holdover tenant?
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What factors influence rental rates?
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What is a gross lease?
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What is required in writing for leases longer than a year?
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What is waste in property law?
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Is the implied warranty of habitability applicable to commercial leases?
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What is the landlord's duty regarding maintenance and repairs?
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What must be disclosed in California regarding rental properties?
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Study Notes
Tenancy for Years
- Establishes tenant ownership for a fixed period, ranging from days to years, with a specific start and end date.
- Terminates automatically at the end of the fixed term, with no notice required.
Termination of Tenancy for Years Lease
- No notice is necessary for termination since the end date is predetermined.
Written Agreement Necessity
- Requires a written lease if it exceeds one year; shorter leases do not need to be in writing.
Landlord and Tenant
- Landlord (Lessor): Holds fee simple interest or less; may act as sublessor in some cases.
- Tenant (Lessee): Has exclusive use and possession during the tenancy period.
Types of Tenancies
- Includes tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance.
Periodic Tenancy
- Established with no agreed expiration date; automatically renews until notice of termination is given.
- Ends upon notice from either party, with the notice period at least equal to the length of the tenancy.
Lease Types
- Express Lease: Terms stated clearly, can be verbal or written.
- Implied Lease: Created without a stated duration but involves regular rent payments.
Renewal and Transition
- Periodic tenancy automatically renews unless notice of termination is given.
- A tenancy for years becomes a periodic tenancy if continued without notice post fixed term.
Termination Requirements
- Periodic tenancies require written notice to terminate, matching the length of the tenancy.
Tenancy at Will
- No fixed duration; continues until termination notice is given by either party.
Tenancy at Sufferance
- Occurs when a tenant remains after lease termination, allowing the landlord to collect rent despite no formal agreement.
Factors Influencing Rental Rates
- Location, competition pricing, vacancy rates, intended use, lease length, and rent control regulations.
Common Lease Structures
- Gross Lease: Fixed monthly rent with no operating expenses paid by tenant.
- Modified Gross Lease: Fixed rent plus a share of operating costs.
- Triple Net Lease (NNN): Tenant pays fixed rent plus property operating costs.
Rent Control
- Legal price regulation that ensures landlords receive a reasonable return on investment.
Lease Provisions
- Must include parties' names and signatures, property description, lease term, and rent amount.
Security Deposits
- Advance payment for damages; not for ordinary wear and tear.
- Refund required within 3 weeks post-vacation of premises.
- Maximum amount varies by property type in California.
Landlord and Tenant Maintenance Duties
- Landlord: Required to maintain common areas, address critical repair needs.
- Tenant: Responsible for returning the property in its initial condition, excluding normal wear and tear.
Implied Warranty of Habitability
- Landlord must ensure residence meets basic living standards; no such warranty exists for commercial leases.
Tenant Remedies for Breaches
- May include suing landlords, withholding rent, tenant repairs, rent abatement, or lease termination in significant breaches.
Unlawful Detainer Process (Eviction)
- Formal process to evict a tenant for lease breaches.
- Requires proper notice and timeline for tenant response.
Retaliatory Eviction
- Landlords cannot evict tenants in retaliation for exercising their rights under lease agreements or law.
Americans with Disabilities Act (ADA)
- Prohibits discrimination based on disability in public accommodations.
- Requires reasonable modifications for accessibility in commercial properties.### Building Code Violation
- Landlord cannot terminate the lease, raise rental rates, or harass tenants in case of building code violations.
- Tenants have the right to sue landlords for unjust eviction attempts.
Mitigation
- Landlords must actively seek a new renter if a tenant prematurely terminates a lease.
- The cost incurred during this process is equivalent to the difference in rental expenses.
Constructive Eviction
- Defined as a wrongful eviction allowing tenants to terminate their lease, vacate the property, and avoid further rent obligations.
Place of Public Accommodation
- Refers to businesses, buildings, or facilities that are accessible and offer services to the general public.
Negligence
- Describes conduct that fails to meet the standard of care expected from a reasonable person in similar situations.
Unlawful Detainer
- A legal mechanism landlords must utilize to evict tenants.
Action for Ejectment
- Represents the judicial process undertaken for eviction.
Mitigation of Damages
- A legal principle obligating the injured party to take reasonable measures to minimize damages after a breach has occurred.
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Description
Explore the key concepts of tenancy for years and its termination. This quiz focuses on understanding the fixed-period ownership arrangement in real estate, providing insights on both duration and expiry of tenancies. Perfect for students studying property laws or real estate management.
