Exam 50: Leases

For a tenant to claim constructive eviction she must also physically vacate the premises.

The covenant of quiet enjoyment imposes liability on the landlord for the unlawful acts of third persons.

A sublease and an assignment of a lease accomplish the same results.

Unless agreed otherwise, a tenant is generally not liable for increased rent due to increased taxes imposed on the rented property.

Arnold Properties, Inc. entered into a lease agreement with Janet for a residential house. Janet made four (4) subsequent monthly payments. At the end of the four (4) months, Janet learned that she was to be transferred to a new job in another state. Janet approached her landlord and explained her situation. The landlord was unsympathetic and refused to release Janet from her rent. The landlord insisted on enforcement of rental payment for the duration of the lease, which was for one (1) year. Janet had not provided for a release in her lease to cover the possibility of a job transfer. Must Janet pay for the remaining eight (8) months of rent even if she is not in physical possession of the property?

Interference occurs when a landlord changes the locks and does not give the tenant a key.

The assignment of a lease discharges the original tenant from the duty to pay rent.

Suppose Johnny (a guest) comes to visit Maria at her apartment. For weeks the tenants have been complaining about 'wobbly' hand railings on the stairs, but the landlord has not fixed them. While climbing the stairs Johnny falls off and is seriously injured. True of False: the landlord is not liable in this case.

If the sewer continually backed up through the toilets in the rented premises, the tenant could claim constructive eviction, but would be able to stay until the landlord fixed it.

The relationship of landlord and tenant is always created by a written contract.

Renewal provisions in a lease are strictly construed against the tenant.

A provision in a residential lease excusing a landlord from liability for damage caused by water, snow, or ice is void.

Morris rented an apartment in a relatively safe neighborhood of a major city. The door to Morris' apartment had two locks, and one of these was of the deadbolt variety designed to prevent burglaries. Morris left for work and engaged both locks. When Morris returned from work, Morris found that a burglar had broken into the apartment by forcibly breaking the locks. Morris sustained a substantial loss of money and property from this burglary. Morris notified the building superintendent and the owner who had the locks repaired. The attempted repairs were not entirely successful, inasmuch as the locks did not properly lock on some occasions. This enabled the door to be readily opened whenever anyone pushed against the door. Morris complained frequently about the condition of the locks, but the owner would take no further action regarding them. Finally, a burglar again broke into Morris' apartment, stealing substantial sums. This time, there was no breaking of the locks. The evidence was that the locks were not working properly at the time of the burglary. Morris sued the owner for the losses from the two burglaries. Decide.

Under the growing minority rule, if a tenant abandons the premise before the expiration of the lease a landlord has no duty to mitigate damages and find another tenant.

While a landlord cannot lock out a tenant for overdue rent, he can initiate a summary legal procedure called ____________ to regain possession even if the lease expressly gives the landlord the right to self-help.

In a lease agreement, the lessor is the landlord, and the lessee is the tenant.

A tenancy at sufferance is one under which the tenant has a lease that runs for a definite duration.

All of the following are examples of legal restrictions that may be imposed on a tenant's deposit except: ___________.

If a lease is assigned, who is liable for the rent?

A tenancy at sufferance describes a tenancy that can be terminated at any time upon proper notice.