Exam 11: Renters and Landlords

Landlords can legally screen prospective tenants by reviewing ____________ .​

Distinguish between a periodic tenancy and a tenancy for years.​

A tenant can legally transfer his or her rights under a lease by finding a replacement tenant if a(n) ________________ or a(n) __________________ is permitted (or not excluded) in the lease.​

Which of the following is true regarding a security deposit on an apartment lease?​

A landlord can legally refuse to rent to a tenant if his or her reason for refusal is the tenant is​

If a landlord persists in violating the duty to maintain or repair the premises after being notified, the tenant may declare the lease terminated and abandon the premises without liability for future rent.

Renters receive the benefit of a warranty of habitability, but only if it is so agreed in the lease.  ​

The suspension of the duty of rent payment while premises of an apartment are uninhabitable is called.​

A landlord can include an "exculpatory" clause in a lease and thereby assured to be exonerated for injuries to tenants that were caused by the negligent design of the premises. ​

Some landlords prefer a tenancy-for-years lease, because absent a breach the rental income will not be interrupted until the term of the lease ends.

A ________________ is a tenancy for as long as both parties agree; with no notice of termination required.​

A landlord can properly apply the proceeds from a(n) _____________ to repair permanent carpet stains that were discovered after the end of a tenant's lease.​

Abatement is an eviction carried out by a landlord primarily for revenge, or retaliation.​

Which of the following is an example of ordinary wear and tear?​

A lease is a contract and it is more. Why?​

Gurth and Moretop, students, rented an apartment near the River City University. They hung photographs on the wall using large nails for anchors. Several times, they brought the barbecue  indoors, which smoked up the walls of the apartment. They spilled soup and beer on the carpet, which became discolored in such a manner that it could not be cleaned. Kilmer, the landlord, sued them at the end of the lease for damages related to restoring the apartment to a "like new" appearance.​

There are certain rights and duties that exist based on the landlord and tenant relationship. They generally exist even if not provided for in the lease. Which of the following is (or are) an implied right or duty even if not stated in the lease?​

A landlord guarantees the safety of the tenants, in the sense that any injured tenant can recover damages for bodily injury that occurs on the rented premises. ​

A ( n ) _ _ _ _ _ _ _ _ _ in a lease is a provision that attempts to provide a means for a landlord to escape personal liability for negligence.​

Harold lives in the apartment unit next to Amelia. She is the proud owner of a pit bull named Sickem. Pets are allowed in the rental complex, which is a primary reason why Amelia rents there. She was once accosted and sexually abused by a person during one of her regular jogging trips. Following that experience, she purchased the trained dog, Sickem, which accompanies her whenever she leaves her apartment. Frequently Harold encounters Amelia about the premises, with Sickem on a leash. Sickem always growls at Harold, stares at him with menacing eyes, and pulls on the restraining leash in a threatening way. Each evening, at a fairly late hour, Amelia lets Sickem run free outside for about sixty minutes. Harold is deathly afraid that sooner or later he will face Sickem in the dark and that Sickem will attack and perhaps maim or even kill him. Which of the following actions should Harold take? Explain your answer. A) Harold should tell Amelia of his fears and demand that she never untie Sickem. If she refuses, he should sue Amelia for tort damages based upon the fear he is suffering. B) Harold should simply be careful to look and listen before getting out of his car to make sure that Sickem isn't in the vicinity.​ C) Harold should inform the apartment manager, in writing, that he demands the eviction of  Sickem because it is dangerous. Failing eviction, Harold should refuse to pay rent until the m anager solves the problem. If sued for rent, Harold should defend on the basis of a Constructive eviction. D) Harold should telephone the police, file a written report, and thereby make a formal record that  the complaint has been made.