Real Property – NYLE Exam Questions and Answers 100% pass

Real Property – NYLE Exam Questions and Answers 100% pass Lease formation - 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 - 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 - common law 4: tenancy for years; periodic, month-to- month, year-to-year; tenancy at will; or tenancy at sufferance. 2 100% Pass Guarantee Katelyn Whitman, All Rights Assignment and Sublease - 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 - 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 - 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 3 100% Pass Guarantee Katelyn Whitman, All Rights 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 - 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 - Landlord or Tenant may terminate with notice on other at least one month before expiration of term. Breach/Remedies/Summary Proceedings - Any breach of terms by tenant gives landlord right to commence sp