Real Estate Investing Landlord and Tenant Law 2 β Questions and Answers
Question 1: A tenant in a month-to-month tenancy receives a rent increase notice. What is the minimum notice period required under most state laws?
- 7 days
- 15 days
- 30 days (Correct answer)
- 60 days
Correct answer: 30 days
Most states require at least 30 days' written notice before implementing a rent increase on a month-to-month tenancy.
Question 2: Which doctrine prevents a landlord from evicting a tenant in retaliation for reporting housing code violations to authorities?
- Implied warranty of habitability
- Retaliatory eviction doctrine (Correct answer)
- Constructive eviction
- Unlawful detainer rule
Correct answer: Retaliatory eviction doctrine
The retaliatory eviction doctrine prohibits landlords from evicting tenants as punishment for exercising their legal rights, such as reporting code violations.
Question 3: A landlord refuses to rent to a family with children, citing a 'no children' policy. Under the Fair Housing Act, this is:
- Permissible if stated in the lease
- Illegal discrimination based on familial status (Correct answer)
- Legal only in senior housing communities
- Permissible with proper notice
Correct answer: Illegal discrimination based on familial status
The Fair Housing Act prohibits discrimination based on familial status, making 'no children' policies illegal except in qualifying senior housing communities.
Question 4: What is the purpose of an estoppel certificate in a real estate transaction involving a tenant-occupied property?
- To terminate the lease early
- To confirm lease terms and tenant's claims against the landlord (Correct answer)
- To waive the tenant's right to notice of sale
- To transfer the security deposit to the new owner
Correct answer: To confirm lease terms and tenant's claims against the landlord
An estoppel certificate is signed by the tenant to confirm lease terms, rent amount, and any outstanding claims, protecting buyers in due diligence.
Question 5: Under the implied warranty of habitability, which condition would most likely constitute a breach?
- Outdated appliances in working condition
- Non-functional heating system in winter (Correct answer)
- Worn carpet needing replacement
- Peeling paint in a common hallway
Correct answer: Non-functional heating system in winter
A non-functional heating system in winter is a serious habitability defect because it threatens tenant health and safety.
Question 6: A tenant abandons a rental unit mid-lease in a state that requires landlords to mitigate damages. What must the landlord do?
- Sue immediately for the full remaining rent
- Make reasonable efforts to re-rent the unit (Correct answer)
- Keep the unit vacant and collect rent from the tenant
- Immediately terminate the lease and keep the deposit
Correct answer: Make reasonable efforts to re-rent the unit
In states requiring mitigation, landlords must make reasonable efforts to find a new tenant rather than letting the unit sit vacant and collecting full rent from the abandoning tenant.
Question 7: Which type of lease clause allows a landlord to increase rent based on changes in a published economic index?
- Gross lease escalation
- CPI escalation clause (Correct answer)
- Percentage rent clause
- Net lease adjustment
Correct answer: CPI escalation clause
A CPI (Consumer Price Index) escalation clause ties rent increases to inflation as measured by the CPI, protecting the landlord's real income over time.
Real Estate Investing Landlord and Tenant Law 2
A tenant in a month-to-month tenancy receives a rent increase notice.
What is the minimum notice period required under most state laws?