Real Estate Investing Real Estate Investing Landlord and Tenant Law Questions and Answers 2 β Questions and Answers
Question 1: A landlord discovers that a tenant has been subletting their apartment without prior written consent as required by the lease. What is the landlord's most appropriate first step?
- Immediately change the locks on the unit
- Send a written notice of lease violation and demand cure (Correct answer)
- File for eviction without notice
- Withhold the tenant's security deposit
Correct answer: Send a written notice of lease violation and demand cure
Most jurisdictions require landlords to provide written notice of a lease violation and allow the tenant a reasonable period to cure before pursuing eviction.
Question 2: In most U.S. states, which of the following is considered a valid reason for a landlord to enter a tenant's unit without prior notice?
- To show the property to prospective buyers
- To perform routine maintenance inspections
- An emergency such as a burst water pipe (Correct answer)
- To verify the tenant is following house rules
Correct answer: An emergency such as a burst water pipe
Emergency situations like flooding, fire, or gas leaks are universally recognized exceptions that allow landlords to enter without the standard advance notice.
Question 3: A residential tenant pays rent on time every month but repeatedly violates noise ordinances, disturbing other tenants. Under most state laws, what type of eviction notice is appropriate?
- Unconditional quit notice
- Pay or quit notice
- Cure or quit notice (Correct answer)
- 30-day no-cause notice
Correct answer: Cure or quit notice
A cure or quit notice is appropriate for lease violations other than nonpayment, giving the tenant an opportunity to stop the offending behavior before eviction proceedings begin.
Question 4: Which federal law prohibits a landlord from refusing to rent to a family because they have children under 18?
- Americans with Disabilities Act
- Fair Credit Reporting Act
- Fair Housing Act (Correct answer)
- Real Estate Settlement Procedures Act
Correct answer: Fair Housing Act
The Fair Housing Act of 1968, as amended in 1988, prohibits discrimination based on familial status, which includes families with children under 18.
Question 5: A tenant's lease has expired and they continue to occupy the property while paying monthly rent, which the landlord accepts. What is this tenant's legal status?
- Tenant at will
- Tenant at sufferance
- Holdover tenant with no rights
- Periodic tenant (month-to-month) (Correct answer)
Correct answer: Periodic tenant (month-to-month)
When a landlord accepts rent after a lease expires, a periodic tenancy is created by operation of law, typically on a month-to-month basis matching the rent payment interval.
Question 6: An investor purchases a property that has existing tenants with valid leases. Under the common law doctrine and most state statutes, what happens to those leases?
- All leases terminate immediately upon sale
- Tenants must sign new leases with the new owner within 30 days
- Existing leases remain in effect and are binding on the new owner (Correct answer)
- The new owner can modify lease terms unilaterally
Correct answer: Existing leases remain in effect and are binding on the new owner
Under the principle that a lease runs with the land, existing valid leases survive a property sale and the new owner steps into the shoes of the prior landlord.
Real Estate Investing Real Estate Investing Landlord and Tenant Law Questions and Answers 2
A landlord discovers that a tenant has been subletting their apartment without prior written consent as required by the lease.
What is the landlord's most appropriate first step?