NYLE: Real Property Exam Questions and Answers 100% Pass

NYLE: Real Property Exam Questions and Answers 100% Pass Name four types of common-law tenancies recognized by NY - 1) tenancy for years 2) periodic: month to month or year-to-year 3) tenancy at-will (unspecific can be term any time) 4) tenancy at sufferance (continued after lease on same terms as lease, terminated written notice 30 days) Assignment of sublease (not rent stabalized) Rule for dwellikng with 3 or less units - 1)Tenant may not assign without consent of landlord, 2) landlord may withhold consent without cause. 2 100% Pass Guarantee Katelyn Whitman, All Rights 3) However, if landlord unreasonably withholds consent, the tenant may be released from the lease upon request with 30 days notice Assignment of sublease (not rent stabalized) Rule for dwelling with 4 or more units - 1) tenant has the right to sublease, with written notice to and consent from landlord 2) landlord may not withhold consent unreasonably Holdover rule - 1) If a lease term is longer than a month, 2) and after the lease term ends 3) the landlord accepts rent for any period subsequent 4) a month-to-month tenancy is created Termination of monthly or month-to-month in NYC - Tenant cannot be removed for holdover, unless at least 30 days before expiration of term, landlord serves notice in writing of termination Termination of monthly or month-to-month 3 100% Pass Guarantee Katelyn Whitman, All Rights outside of NYC - Either landlord or tenant may terminate tenancy by notifying the other at least one month before expiration of the term What gives the landlord the right to commence a "special proceeding to recover posession" ie eviction? - Any breach of the lease If tenant abandons the leased property, does the landlord have to mitigate? - No the landlord has no duty to mitigate damages by re-letting abandoned property What happens with tenant's right to recover fees when the landlord created a lease providing for fees in eviction proceeding? - it is implied in the lease that the tenant can also recover fees in defense of an eviction proceeding. When must a landlord deposit the security