Real Estate Licensing Exams by Raymond D. Modglin

Author:Raymond D. Modglin
Language: eng
Format: epub
Publisher: DK Publishing
Published: 2017-06-01T04:00:00+00:00

If the tenant does not respond to the complaint, a default judgment is issued for the landlord. If the tenant does respond with an answer but the court rules in favor of the landlord, that judgment entitles the landlord to possession of the property. A writ for possession will be served to the tenant.

Even though the landlord is entitled to repossess the property, the landlord cannot remove the tenant without the assistance of a law enforcement officer. When an officer, typically a marshal or a sheriff, receives the judgment and a fee, he or she will notify the tenant of the lawful eviction and the number of days the tenant has to move. If the tenant fails to vacate the property within the time specified, the law enforcement official may physically remove the tenant.

The Least You Need to Know

Although leasing and renting are different concepts, leasing is a form of a rental agreement.

A leasehold estate is for a determinable amount of time.

A lease is comprised of many separate lease clauses that define the tenant’s right of control.

An assignment and sublease are different in respect to the contractual obligations between the parties.

Commercial leases have many variations, including gross leases, net leases, percentage leases, and graduated leases.

Eviction of a tenant must be handled through the court system and not via self-help by the landlord.

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