NYLE - Real Property ACTUAL Exam
Questions and CORRECT Answers
Lease formation - CORRECT ANSWER - greater than 1 year void unless in writing
subscribed by party to be charged or his/her lawful agent; one year or less may be oral.
`-written residential lease - CORRECT ANSWER - must be written in clear and coherent
manner, using words with common and everyday meaning and must be divided and captioned in
its various sections. Cannot prohibit occupancy by dependent children of tenant or tenant's
spouse or contain clause requiring tenants to remain childless
Tenancy Types - CORRECT ANSWER - common law 4: tenancy for years; periodic,
month-to-month, year-to-year; tenancy at will; or tenancy at sufferance.
Assignment and Sublease - CORRECT ANSWER - If lease in dwelling with less than 4
units, tenant may not assign lease without consent of landlord, which consent may be
unconditionally withheld without cause. Landlord who unreasonably withholds consent must
release tenant from the lease if tenant has so requested upon 30 days' notice; if more than 4 units,
tenant has right to sublease, upon complying with notice provisions contained in statute subject
to written consent of the landlord, which consent may not be unreasonably withheld. Different
rules apply for public housing, rent-stabilized properties and coops)
Warranty of Habitability - CORRECT ANSWER - every lease deemed to contain a
warranty of habitability; landlord deemed to warrant that leased premises are fit for human
habitation and for the uses reasonably intended by parties and that the occupants shall not be
subjected to conditions that are dangerous, hazardous or detrimental to their health and safety.
Cannot be waived.
Holdovers - CORRECT ANSWER - if lease term longer than 1 month, holding over does
not give landlord option to hold tenant to a new term equal to the term of the lease. Landlord
may proceed to remove tenant, but if landlord accepts rent for any period subsequent expiration,
month-to-month tenancy created.
Month-to-month termination
, `-NYC - CORRECT ANSWER - tenant cannot be removed on grounds of holding over
unless, at least 30 days before expiration, landlord serves notice in writing, in same manner as
notice of petition in summary proceedings, which the landlord elects to terminate tenancy
`-Outside NYC - CORRECT ANSWER - Landlord or Tenant may terminate with notice on
other at least one month before expiration of term.
Breach/Remedies/Summary Proceedings - CORRECT ANSWER - Any breach of terms by
tenant gives landlord right to commence special proceeding to recover possession. If tenant
abandons property, landlord has no duty to mitigate damages by re-letting (holy props v Cole). If
residential lease provides that in any action or summary proceeding landlord may recover legal
fees from tenant if successful, there is implied in the lease a covenant to pay legal fees incurred
by tenant in successful defense.
Deposits - CORRECT ANSWER - security by tenant held by landlord in trust, may not be
commingled, are not an asset of landlord. If deposited in a bank, landlord must notify tenant,
providing appropriate information If deposit is in interest-bearing account, landlord may retain
1% for expenses, and any balance is held for or paid to tenant. ; If rental in building containing 6
or more family units, landlord must deposit security in an interest-bearing account. If title
transferred to new owned, landlord must transfer any deposits to new owner.
Real Property Contracts Statute of Frauds. - CORRECT ANSWER - any contract for sale
void unless in writing and signed by party to be charged or his or her lawful agent. Land
purchase option constitutes creation or grant of an interest in real property and thus falls within
NY's statute of frauds ,requiring writing signed by the party to be charged.
Condition of Property - CORRECT ANSWER - Caveat Emptor: vendor has no duty to
disclose any information concerning the property, with some legal and equitable exceptions
(Meyers v Rosen)
`-Property Condition Disclosure Statement - CORRECT ANSWER - Seller of real
property improved by 1-4 family dwelling used, or to be used, as the home or residence of one or
more persons pursuant to contract must deliver required disclosure statement to the buyer or
buyer's agent prior to buyer signing a binding contract.
Questions and CORRECT Answers
Lease formation - CORRECT ANSWER - greater than 1 year void unless in writing
subscribed by party to be charged or his/her lawful agent; one year or less may be oral.
`-written residential lease - CORRECT ANSWER - must be written in clear and coherent
manner, using words with common and everyday meaning and must be divided and captioned in
its various sections. Cannot prohibit occupancy by dependent children of tenant or tenant's
spouse or contain clause requiring tenants to remain childless
Tenancy Types - CORRECT ANSWER - common law 4: tenancy for years; periodic,
month-to-month, year-to-year; tenancy at will; or tenancy at sufferance.
Assignment and Sublease - CORRECT ANSWER - If lease in dwelling with less than 4
units, tenant may not assign lease without consent of landlord, which consent may be
unconditionally withheld without cause. Landlord who unreasonably withholds consent must
release tenant from the lease if tenant has so requested upon 30 days' notice; if more than 4 units,
tenant has right to sublease, upon complying with notice provisions contained in statute subject
to written consent of the landlord, which consent may not be unreasonably withheld. Different
rules apply for public housing, rent-stabilized properties and coops)
Warranty of Habitability - CORRECT ANSWER - every lease deemed to contain a
warranty of habitability; landlord deemed to warrant that leased premises are fit for human
habitation and for the uses reasonably intended by parties and that the occupants shall not be
subjected to conditions that are dangerous, hazardous or detrimental to their health and safety.
Cannot be waived.
Holdovers - CORRECT ANSWER - if lease term longer than 1 month, holding over does
not give landlord option to hold tenant to a new term equal to the term of the lease. Landlord
may proceed to remove tenant, but if landlord accepts rent for any period subsequent expiration,
month-to-month tenancy created.
Month-to-month termination
, `-NYC - CORRECT ANSWER - tenant cannot be removed on grounds of holding over
unless, at least 30 days before expiration, landlord serves notice in writing, in same manner as
notice of petition in summary proceedings, which the landlord elects to terminate tenancy
`-Outside NYC - CORRECT ANSWER - Landlord or Tenant may terminate with notice on
other at least one month before expiration of term.
Breach/Remedies/Summary Proceedings - CORRECT ANSWER - Any breach of terms by
tenant gives landlord right to commence special proceeding to recover possession. If tenant
abandons property, landlord has no duty to mitigate damages by re-letting (holy props v Cole). If
residential lease provides that in any action or summary proceeding landlord may recover legal
fees from tenant if successful, there is implied in the lease a covenant to pay legal fees incurred
by tenant in successful defense.
Deposits - CORRECT ANSWER - security by tenant held by landlord in trust, may not be
commingled, are not an asset of landlord. If deposited in a bank, landlord must notify tenant,
providing appropriate information If deposit is in interest-bearing account, landlord may retain
1% for expenses, and any balance is held for or paid to tenant. ; If rental in building containing 6
or more family units, landlord must deposit security in an interest-bearing account. If title
transferred to new owned, landlord must transfer any deposits to new owner.
Real Property Contracts Statute of Frauds. - CORRECT ANSWER - any contract for sale
void unless in writing and signed by party to be charged or his or her lawful agent. Land
purchase option constitutes creation or grant of an interest in real property and thus falls within
NY's statute of frauds ,requiring writing signed by the party to be charged.
Condition of Property - CORRECT ANSWER - Caveat Emptor: vendor has no duty to
disclose any information concerning the property, with some legal and equitable exceptions
(Meyers v Rosen)
`-Property Condition Disclosure Statement - CORRECT ANSWER - Seller of real
property improved by 1-4 family dwelling used, or to be used, as the home or residence of one or
more persons pursuant to contract must deliver required disclosure statement to the buyer or
buyer's agent prior to buyer signing a binding contract.
