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Chapter 11

Landlord and Tenant

QuestionAnswer
constructive eviction the doctrine that gives the tenant the right to cancel the remainder of the lease and vacate the premises w/o penalty if the landlord fails to keep the premises fit.
covenant of quiet enjoyment Under this covenant, the lessor guarantees that the lessee may take possession of the leased premises and that no one, including the landlord, will interfere with the tenant's possession or use of the property.
estate at sufferance an estate that arises when a tenant who lawfully came into possession of real property continues, after the tenant's rights have expired, to hold possession of the premises without the consent of the landlord; lowest estate in real estate.
estate at will an estate that gives the tenant the right to posses property with the consent of the landlord of a term of unspecified or uncertain duration.
estate for years a leasehold estate that continues for a definite period of time, whether for years, months, weeks, or days; automatically terminates at the end of the lease period.
estate from period to period created when the landlord and tenant enter into an agreement that continues for a specific period, being automatically renewed for an indefinite time without a specific ending date; automatically renews.
fixed rental lease the tenant's obligation to pay a fixed rental amount, and the landlord pays all taxes, insurance premiums, mortgage payments, repair costs; also called a gross lease.
Full Service Lease Commercial lease where landlord provides most or all services, which are included in rent.
graduated lease a lease that provides for increases in rent to occur at set future dates; often used in the rental of office space for multiple-year terms. Also called a step-up lease.
ground lease when a land owner leases land to a tenant who agrees to erect a building on the land.
Gross Lease A lease of property under which a landlord pays all property charges regularly incurred through ownership, such as repairs, taxes, insurance, and operating expenses. Most residential leases are gross leases; also called fixed rental lease.
holdover tenant a person who retains possession of leased property after the lease has expired; the landlord may continue to accept rent or start eviction procedures.
implied warranty of habitability the primary duty of the land lord to supply fit and habitable premises to the tenant.
index lease a lease that allows rent to be increased or decreased periodically, based on changes in a stipulated index, such as the government cost-of living index or some other named index.
law of negligence holds that the landlord is liable for injuries that occur in common areas (hallways, stairways, elevators, sidewalks, and parking lots) when the landlord negligently failed to maintain safe conditions in those areas.
lease a conveyance from a landlord (an owner of real estate), to a tenant that transfers the right of possession and use of the owner's property for a specified period of time.
leasehold estate a tenant's right to occupy real estate during the term of a lease, generally considered a personal property interest; non-freehold estate.
Lessee/lessor A written or oral contract between a landlord (lessor) and the tenant (lessee) the transfers the right to exclusive possession and use of the landlord’s real property to the lessee for a specified period of time and for a stated consideration (rent).
net lease provides that in addition to the rent, the tenant pays all or some of the property charges such as maintenance, property taxes, and insurance; sometimes called a triple net lease.
North Carolina Vacation Rental Act modeled after the Residential Agreements Act, it establishes uniform rules for landlords, tenants, and their agents involved in the handling of short-term rentals under 90 days in length where tenant has primary residence elsewhere.
Novation Substituting a new contract for an old one or substituting new parties to an existing contract.
percentage lease a lease in which the rent is based on a percentage of the gross or net income received by a tenant doing business on the leased property.
privity of contract rights arising from the contract itself
privity of estate rights arising from traditional property law
Residential Rentals Agreements Act this act governs residential leases and landlord-tenant relationships; its purpose is to ensure that only habitable residential units are rented. Does not apply to hotels, motels, rent-free or commercial properties.
retaliatory eviction illegal eviction of a tenant that has exercised protected rights under the law.
Sandwich lease When a lease is sublet, the original tenant retains primary liability for paying rent. The sublessor’s (original lessee’s) interest in the real estate is known as a sandwich lease.
Self-help eviction Illegal eviction practices used by landlords instead of lawful use of summary ejectment.
sublease the leasing of premises by a tenant to a third party for part of the lessee's remaining term
summary ejectment the only legal way a landlord can evict a tenant; through a hearing before a magistrate in small claims court.
Tenant Security Deposit Act regulates the amount of money that be required as a security deposit and what the landlord can do with that deposit
Created by: whitwill