An inheritable estate with absolute ownership - Answers Freehold estate
Aka non-freehold estate; grants possession, but not title, for a limited period of time - Answers
Leasehold estate
The lessor's right to reclaim possession of the property at the end of the lease term - Answers
Reversion
All agreements, written, oral, or implied by law, and valid rules and regulations that embody the
terms and conditions concerning the use and occupancy of a dwelling unit and premises - Answers
Rental agreements (as defined in AZ law)
The tenant pays a fixed rent and the landlord pays all operating expenses; most common type of lease
used in residential rentals - Answers Gross lease
The tenant pays on top of the rent one or more of the following expenses: property taxes, property
insurance premiums, or maintenance costs - Answers Net lease
A lease in which the tenant is required to pay rent plus taxes, insurance, and maintenance costs -
Answers Triple net lease (NNN)
The base rent, the nets, utilities, and janitorial services are included in one lease rate, based on price
per square foot - Answers Full-service lease
A lease where the base rent is kept the same for the duration of the lease - Answers Fixed lease
Includes rent that has scheduled increases that are set to take place throughout the term of the lease
at predetermined intervals (e.g., annually) - Answers Graduated lease
The lessee pays a base rent, but the rent increases or decreases to correspond with a change in the
landlord's cost of ownership (i.e., taxes, insurance, and maintenance) - Answers Escalated lease
Rent either increases or decreases depending on some economic indicator, such as an inflation index -
Answers Index lease
Appraisals take place at pre-determined intervals—typically every three to five years—and the rent is
adjusted according to an agreed-upon percentage of the prior rent - Answers Reappraisal lease
The tenant pays a base rent, plus an additional charge based on a percentage of the tenant's gross
sales or income (usually in retail property rentals, like shopping centers and malls) - Answers
Percentage lease
Lease of land that typically involves a long period of time (50 to 99 years); the lessee usually owns
improvements and pays ground rent for the land - Answers Ground lease
Protects a valid lease from termination in the event of mortgage foreclosure - Answers
Nondisturbance clause
In the case of foreclosure, obligates the tenant to attorn (agree to be tenant) to any successor—the
lender, or any subsequent purchaser the lender may sell the property to - Answers Attornment clause
Stipulates that the tenant will be provided with specific services for an additional rental fee - Answers
Services included clause
When the scheduled rent is lower than the market rent; benefits the tenant - Answers Positive
leasehold interest
The difference between the market rent and the scheduled rent at the time of an appraisal - Answers
Deficit rent
When the scheduled rent is higher than the market rent; benefits the landlord - Answers Negative
leasehold interest
The amount that a scheduled rent exceeds the market rent - Answers Excess rent
Aka face rent; the amount of rent named in the lease agreement - Answers Contract rent
Any money earned by a resource (for example, land) that exceeds the amount that's economically
necessary to keep the resource producing - Answers Economic rent
The obligations, or money owed, to someone else (often a company or type of lender) - Answers
Liabilities
When a tenant vacates a property without notice and before the lease terminates - Answers
Abandonment
Series of HUD-funded housing assistance programs that are administered on the state level - Answers
Section 8
A house or unit in a condominium, cooperative, or timeshare that is also a transient public lodging
establishment or owner-occupied residential home offered for transient use - Answers Vacation
rental/short-term rental
,Actual eviction: - Answers The physical removal of the tenant, accomplished by legal process.
Assignment: - Answers The substitution of tenants, putting the responsibility for the lease contract in
the new tenant's hands (although it doesn't fully relieve the former tenant from liability should the
new tenant fail to pay); requires landlord's written permission.
Constructive eviction: - Answers A situation in which the tenant is prohibited from quiet enjoyment
of the premises and vacates.
* In such cases, the tenant is evicted for all practical purposes because enjoyment of the premises is
not available.
Covenant: - Answers An agreement or promise made between the parties.
Estate at sufferance: - Answers A type of possession in which a tenant stays after the right to possess
has terminated.
Estate at will: - Answers A type of leasehold estate in which the duration of the lease is unknown at
the time it is created.
Estate for years: - Answers A fixed termination type of lease that may be for a day, week, month,
year, several years, or any definite period of time. When the specified date occurs, the lease
terminates automatically.
Holdover tenant: - Answers A tenant who refuses to leave after the expiration of a lease.
Lease: - Answers A contract that transfers possession for consideration.
Leasehold estate: - Answers The legal relationship between the parties who sign the lease. Grants
possession, but not title, to the tenant, and is for a limited period of time.
Lessee: - Answers Tenant
Lessor: - Answers Landlord
Option to renew: - Answers The right of a tenant to renew a lease upon the expiration of a lease
period (seen frequently in commercial leases).
Periodic estate: - Answers Involves possessory interest that's automatically renewed at the end of
each period specified in the lease (e.g., month-to-month).
Quiet enjoyment: - Answers Tenant's right to enjoy the property without being dispossessed or
trespassed upon.
Security deposit: - Answers A sum provided by a tenant to a landlord to cover extraordinary expenses
or unpaid rent when a tenant vacates.
Self-help eviction: - Answers Illegal eviction in which the landlord has taken matters into his own
hands and evicts the tenant without using legal procedures.
Sublease: - Answers An agreement for a new occupant to live in the premises and pay rent to the
former tenant, who pays the landlord.
* Requires landlord's written permission; doesn't relieve the former tenant from liability.
Lessee vs. Lessor
When talking about rentals, most people use the terms "tenant" and "landlord." On your pre-licensing
exam, however, you'll probably see the terms "lessee" and "lessor" instead. To keep them straight,
notice the "or" in lessor and landlord. To reinforce this, match lessee and lessor to their more well-
known terms.
1) Tenant
2) Landlord - Answers 1) Lessee
2) Lessor
Lease vs. Leasehold
The terms "lease" and "leasehold estate" are easily confused. However, based on the studying you've
done, you should have no problem matching the terms with their descriptions.
1) The contract that allows a tenant to live on the property
2) A right of possession for a limited period of time - Answers 1) Lease
2) Leasehold estate
A lease is a contract that pertains to the leasehold estate.
Estate from Period-to-Period - Answers This leasehold estate is periodic (e.g., six months, month-to-
month, week to week), with a written agreement aka leas that automatically renews itself for
successive tenancy unless one party terminates. This is also an inheritable leasehold estate. The
period involved may be any negotiated period of time. This is also known as a "periodic tenancy".
Example
, Fred has a barber shop in a commercial building. He has a one-year lease that automatically renews
unless either Fred or the landlord terminates it.
Estate for Years and Estate from Period-to-Period - Answers When there's no ending date for a lease,
but there's an agreed-upon term, this is known as a periodic tenancy. A month-to-month lease is a
type of estate from period to period.
With a periodic tenancy, the owner or landlord and tenant agree to certain rights and responsibilities
for the stated periods, but they don't specify an ending date, so this is an unspecified period of
tenancy.
Estate for Years vs. Estate from Period-to-Period
Now that you've seen several types of leasehold estates, let's test your knowledge. Sort the terms
based on whether they're relevant to a tenancy for years or a periodic tenancy.
1) The leasehold continues for a certain period, then automatically ends.
2) The tenant is required to leave when the agreed-upon period is up.
3) The lease automatically renews, month-to-month or year-to-year, for example. - Answers 1) Estate
for years
2) Estate for years
3) Estate from period-to-period
Estate at Will and Estate at Sufferance - Answers An estate at will can be terminated by either party
with proper notice. Further, this type of leasehold estate isn't inheritable. That means if either party
to the lease dies, the lease terminates.
An estate at sufferance, on the other hand, occurs when tenants continue to occupy property after
their lease expires. If the landlord continues to accept rent, however, that tenancy changes to estate
at will on a month-to-month basis. The landlord could also choose to evict the estate at sufferance
tenants.
Estate at Will vs. Estate at Sufferance
Sort the following terms based on whether they are relevant to tenancy at will or tenancy at
sufferance.
1) Both parties must give notice to terminate the lease agreement.
2) The lease agreement terminates upon the death of either party.
3) The tenant's previously lawful possession continues without permission. - Answers 1) Estate at will
2) Estate at will
3) Estate at sufferance
Renewing a Lease
Aimee has leased her three-bedroom townhome for two years, and been quite happy there. Her lease
automatically renews at the end of each month, which is known as a ______. - Answers Periodic
estate
This describes a periodic estate, which is automatically renewed at the end of each period specified in
the lease (e.g., month-to-month)
A Hairy Issue
Harry's tenant is very angry, and leaves the house she's been renting from him a complete disaster.
He's had to spend $3,000 just to clean it up. He asks her to pay for the damages, but she refuses, so
he has to pay for all of the clean-up out of his own pocket. His losses could have been mitigated if
he'd required a(n) ______ as part of the original lease. - Answers Security deposit
A security deposit ensures the landlord isn't left with extraordinary expenses or unpaid rent when a
tenant vacates.
Sublease vs. Assignment
A sublease and an assignment are very similar, but they're not interchangeable. Consider this
example:
Mark accepts a new job across the country and needs to move out of his apartment before his lease is
up. He can't afford to pay rent for two places at once, so he finds someone else, Betty Sue, to move
into his old apartment.
Now read through each scenario and then match the term to its scenario.
Scenario 1: Betty Sue agrees to take over the property in place of Mark. She pays rent to Mark, who
then pays the landlord. Mark is technically still responsible for the lease.
Scenario 2: Betty Sue agrees to take over the property in place of Mark. The lease is legally
transferred from Mark to Betty Sue, but if Betty Sue doesn't pay the landlord, Mark may still be
responsible for the rent. - Answers Scenario 1 - Sublease