Nc Real Estate Chapter 11 - Landlord And Tenant

Front 1

Leases in NC are governed by the:

Back 1

Residential Rental Agreements Act

Front 2

Landlords duty under the RRAA is implied warranty of habitability, which means:

Back 2

Supplying fit and habitable premises to tenant

Front 3

Constructive Eviction

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Tenant can leave before end of lease and terminate the lease if landlord does not supply habitable premises

Front 4

Tenants can / cannot withhold rent

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CANNOT until they get a court order

Front 5

The only way to eject a tenant is through the process of:

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summary ejectment

Front 6

Retaliatory eviction

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ILLEGAL ACT of evicting someone for asserting a legal right

Front 7

Act regulating security deposits

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Tenant Security Deposit Act

Front 8

Max security deposit (minus pet charge) is (3 different types):

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1) 2 weeks rent if week-to-week
2) 1 1/2 months rent if month-to-month
3) 2 months rent if longer

Front 9

Landlord can use the security deposit to either (2 things):

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1) Put it in a trust account
2) Bond as guarantee of deposit

Front 10

The burden for eviction in public housing is:

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good cause / bad faith by the tenant

Front 11

Estates of landlords leasing to tenants are called:

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Leasehold estates OR nonfreehold estates

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4 types of nonfreehold estates are:

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1) Estate for years
2) Estate from period to period
3) Estate at will
4) Estate at sufferance

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Estate for years

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A leasehold estate that continues for a definite period of time

Front 14

Estate from period to period

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Estate continuing for a specific period that automatically renews without a specific end date. Standard residential lease.

Front 15

Minimum time required for notice of termination of periodic lease (3 types)

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1) 2 days for week to week
2) 7 days for month to month
3) 1 month for year to year

Front 16

Holdover tenant

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Staying in possession of the property after the expiration of the lease

Front 17

Estate at will

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Right of lessee to possess property for an unspecified amount of time

Front 18

Termination of an estate at will can occur:

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At any time at the will of either party

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Estate at sufferance

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Holding property without the consent of the landowner

Front 20

Fixed rental lease

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Tenant must pay fixed rental amount and property owner pays property charges

Front 21

Percentage lease

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Landlord gets percentage of profit accrued by tenant on the property

Front 22

Net lease

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Tenant pays rent and property charges (usually occurs when leasing whole buildings)

Front 23

Graduated lease

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Rent increases at set future dates

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Index lease

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Rent is increased or decreased periodically based on an index formula

Front 25

Ground lease

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If tenant is erecting a building on property - often long-term leases

Front 26

Oil and mineral lease

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Self-explanatory

Front 27

Full-service lease

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Landlord provides all services related to lease like property upkeep and then gets rent

Front 28

Statute of frauds applies to leases longer than:

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3 years

Front 29

Fixtures in terms of landlords and tenants

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Usually not allowed and become property of the landlord BUT tenant may be able to install trade fixtures

Front 30

Sublessor's interest in property is called:

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sandwich lease

Front 31

Right of landlord to enter happens when?

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Only when specifically specified in the lease

Front 32

If a lease is longer than 3 years... (2 things)

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1) It must be written because it falls within the Statute of Frauds
2) According to the Conner Act, it must be recorded to prevent attacks by 3rd parties

Front 33

The time after sale when a purchaser must honor vacation leases is...

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6 months

Front 34

Landlord has _ days to return security deposit.

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60 days

Front 35

Does destruction of property terminate a lease?

Back 35

YES