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Chapter 8
Chapter 8 - Key Terms
| Question | Answer |
|---|---|
| action for rent or damages | when a landlord seeks money damages against a tenant for injury (page 155) |
| assignment | transfer of a property right from one person (the assignor) to another person (the asignee) (page 161) |
| constructive eviction | an occurence that results when the actions of the landlord so materially interfere with the tenant's enjoyment as to make the premises uninhabitable (page 158) |
| covenant of quiet enjoyment | a warrant by the landlord that the tenant will have the premises free from interference by the landlord or anyone claiming better right to the premises than the landlord (page 149) |
| duty to repair | tenant's obligation to leave premises in about the same condition as when received, reasonable wear and tear excluded (page 151) |
| eviction | legal procedure by which a landlord has the tenant removed from the premises because the tenant has breached the lease agreement (page 153) |
| exculpatory clauses | landlord attempts to be excused from liability for negligence in maintaining the leasehold premises (page 167) |
| implied warranty of habitability | landlord represents that a residential property is safe and sanitary and fit for living at the time the tenant enters and during the period of tenancy (page 150) |
| reformation | a court remedy ordering a change in a lease or a contract (page 160) |
| rent withholding | practice allowed in a few states under limited circumstances in which the tenant witholds rent as a inducement to force the landlord to perform repairs (page 160) |
| recission | cancellation of a contract that results in the parties being restored to the position they were in before the contract was made (page 160) |
| security deposit | money deposited by the tenant, usually at the inception of the lease, over and above the advance payment for rent for the security of the landlord (page 147) |
| sublease | a transfer of part of the leasehold interest of the tenant, with the tenant retaining a reversionary interest (page 161) |
| tort liability | in general, the person who has possession and control of the premises owes a civil duty to third parties to maintain the premises in a reasonably safe condition (page 163) |
| waste | damage caused by the tenant, including failure to protect the premises from decay and ruin caused by the natural elements (page 156) |
| wrongful abandonment | the tenant's vacating the premises without justification and with the intention of no longer performing under the terms of the lease (page 154) |
| wrongful eviction | an act that occurs when the landlord without justification deprives the tenant of the possession of the premises (page 158) |
| covenant of fitness of the premises | an assurance that the premises are fit for habitation (page 149) |
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