Deck 49: Landlord Tenant Law and Land Use Regulation

Question 1

If a month-to-month periodic tenancy exists,under common law either party must give notice to terminate the tenancy.

Answer 1

True

Question 2

A lease for a fixed term of 8 months is a tenancy for years.

Answer 2

True

Question 3

An oral lease with a 6-month term is generally enforceable.

Answer 3

True

Question 4

A landlord may enter leased premises any time he or she wants,as he or she owns the premises.

Question 5

An implied warranty of habitability generally applies to major problems,such as rodent infestations or structural problems.

Question 6

A tenancy for years terminates automatically,without notice,upon the expiration of the stated term.

Question 7

The right of possession granted to a tenant in a lease is nonexclusive.

Question 8

A landlord who fails to provide electricity to his tenants has constructively evicted them.

Question 9

A tenant at sufferance may exist if a tenant retains possession of property after the expiration of a life estate.

Question 10

A tenancy at will cannot be created by implication.

Question 11

At common law,a landlord had no duty to maintain the leased premises.

Question 12

The covenant of quiet enjoyment places responsibility on landlords for disturbances to the tenant from actions in the vicinity of the leased premises.

Question 13

The provisions of the federal Fair Housing Act do not apply to the rental of apartments in a building of four or fewer units where the owner lives in one of the units.

Question 14

Any lease that specifies a term,but states that payments are to be made at periodic intervals,is periodic tenancy.

Question 15

At common law,a tenancy at will terminates when either party dies.

Question 16

The Civil Rights Act of 1964 prohibits discrimination on the basis of race in housing sales and rental.

Question 17

A tenant who has been constructively evicted can sue for damages,but cannot terminate the lease.

Question 18

A tenant's interest in the property is a non-freehold estate.

Question 19

A landlord has great discretion as to when he or she has to deliver possession of leased premises to the tenant.

Question 20

A lease that specifies intervals when the rent is to be paid,such as month-to-month,but does not specify when the lease ends,is called a periodic tenancy.

Question 21

At common law,a landlord had no responsibility for injuries caused on the leased premises.

Question 22

A landlord does not have a right to limit the legal uses to which a tenant puts the property.

Question 23

A tenant who leaves a bag of marbles on the steps is liable to a visitor who trips on it.

Question 24

A landlord may unilaterally change the terms of a lease even if the lease has no provision allowing the change.

Question 25

If a tenant is unreasonable,a landlord need not mitigate damages if a tenant has not paid his or her rent.

Question 26

In a sublease,a legal relationship is formed between a landlord and the sublessee.

Question 27

The term double net lease refers to an arrangement where the tenant is only responsible for paying rent and property taxes.

Question 28

The Civil Rights Act is a state statute that prohibits racial discrimination in the transfer of real property.

Question 29

If a tenant uses rented premises to smoke marijuana and pays his or her rent on time,a landlord may not terminate the lease.

Question 30

In a sublease,there is no legal relationship between the landlord and the sublessee.

Question 31

When a tenant assigns a lease to another,all rights under the lease are transferred.

Question 32

A tenant has a duty to not use the leased premises for unlawful purposes.

Question 33

Permanent damage by a tenant to leased premises that decreases the value of the property is known as waste.

Question 34

Because an assignment by a tenant of the tenant's interest in the lease transfers all rights,the tenant's duties under the lease are discharged.

Question 35

If the government takes the real property of another,it must compensate him or her under the theory of eminent domain.

Question 36

A landlord may sell leased property to a new owner,but the new owner takes the property subject to the existing lease.

Question 37

The Fair Housing Act is a federal statute that states that it is all right for property owners to sell their homes to anyone whom they choose,regardless of reason,as that is only fair because the owners are the sellers.

Question 38

The Americans with Disabilities Act allows the private right of action as well as enforcement by the attorney general.

Question 39

Rent control ordinances have generally been found to be an unconstitutional restriction on the freedom of contract.

Question 40

If a tenant disturbs other tenants in the same building,the problem must be resolved between the tenants,and the landlord cannot take any action.

Question 41

Rental of which of the following units is subject to the antidiscrimination housing provisions of the federal Fair Housing Act?

A) an apartment in a four-unit building where the landlord lives in one of the units
B) an apartment in a duplex where the landlord lives in the other unit
C) a single family residence that is one of the three single-family residences owned by the landlord
D) a unit in a duplex where the landlord does not live
E) C and D

Question 42

Under which type(s)of tenancy can the tenancy be terminated by the landlord without prior notice to the tenant?

A) tenancy at will only
B) tenancy at sufferance only
C) tenancy at will and periodic tenancy only
D) tenancy for years and tenancy at sufferance only
E) tenancy at will,tenancy at sufferance,and periodic tenancy

Question 43

Under which type of tenancy is the tenant technically a trespasser?

A) periodic tenancy
B) tenancy for years
C) tenancy at will
D) tenancy under lease
E) tenancy at sufferance

Question 44

Under the warranty of quiet enjoyment,the landlord has the obligation to:

A) not interfere with the tenant's use and enjoyment of the property
B) ensure that the premises meet a minimum standard of livability
C) take reasonable steps to ensure that the tenant is not unreasonably disturbed by persons on property adjoining the leased premises
D) A and B only
E) A,B,and C

Question 45

Which of the following describes the interest of the tenant in a landlord-tenant relationship?

A) non-freehold estate
B) life estate
C) leasehold estate
D) both A and B
E) both A and C

Question 46

Which of the following is not one of the non-freehold estates that can be held by tenants?

A) periodic tenancy
B) tenancy for years
C) tenancy at will
D) tenancy under lease
E) tenancy at sufferance

Question 47

Which of the following types of tenancies are usually created by express agreement?

A) tenancy for years and tenancy at will
B) periodic tenancy and tenancy at sufferance
C) tenancy for years and periodic tenancy
D) tenancy at sufferance and tenancy at will
E) periodic tenancy and tenancy at will

Question 48

The courts of many states recognize that leased,residential premises must be fit,safe,and suitable for ordinary residential use.This rule is called:

A) the warranty of quiet enjoyment
B) the warranty of suitability
C) the warranty of habitability
D) the warranty to maintain the premises
E) the warranty against private nuisance

Question 49

The landlord has the right to enter the leased premises:

A) only if specifically provided in the lease
B) to make necessary repairs
C) to inspect for waste
D) to inspect for illegal use
E) B and C only

Question 50

The landlord's duty to allow the tenant to peacefully possess the premises is known as:

A) the duty against interference
B) the noninterruption doctrine
C) the tenant controls the household doctrine
D) the covenant of quiet enjoyment

Question 51

What does an implied warranty of habitability provide?

A) that the leased premises must meet some minimum standard for human habitation
B) that the leased premises must meet a standard for habitation relative to the amount of rent provided for in the lease
C) that the premises are in the same condition as they were at the beginning of the lease term
D) that a reasonable tenant would find the premises acceptable

Question 52

At common law,how much notice was necessary to terminate a periodic tenancy?

A) 1 month
B) 1 year
C) one period,the length of the period being the period of the payment period
D) A periodic tenancy can be terminated without notice.
E) A periodic tenancy is automatically terminated at the end of the period.

Question 53

After being constructively evicted,which of the following remedies can a tenant usually obtain?

A) damages,and possession of the premises
B) termination of the lease
C) punitive damages
D) A and B only
E) A,B,and C

Question 54

How is a periodic tenancy terminated?

A) automatically at the end of the lease term
B) by appropriate notice by the landlord
C) by appropriate notice by the tenant
D) by appropriate notice by either party
E) by either party with notice not being necessary

Question 55

A lease that stated that rent was to be paid on the first of each month,starting on June 1,2002,but did not state when the lease ended would be a:

A) tenancy for years
B) periodic tenancy
C) tenancy at will
D) tenancy at sufferance
E) tenancy in fee simple

Question 56

Which of the following is true regarding the Americans with Disabilities Act requirements for landlords?

A) New construction must be made accessible to persons with disabilities.
B) New construction must obtain a certificate of accessibility from the EEOC.
C) Only the attorney general can enforce the Act against a landlord.
D) All existing buildings must be brought into compliance by 2005.
E) In order to not discourage renovations of older buildings,alterations to existing buildings do not need to comply with the Act.

Question 57

Which of the following types of tenancy will continue indefinitely unless one party or the other takes action to terminate it?

A) tenancy at will
B) periodic tenancy
C) tenancy for years
D) A and B only
E) A and C only

Question 58

Absent any agreement on this topic,a landlord's duty to deliver exclusive possession of leased premises will terminate upon the following event(s):

A) default by the landlord
B) expiration of the lease term
C) repairs to the leased property being necessary
D) The landlord needs to show the property to prospective tenants once the present tenants have given notice of termination,assuming this is done at reasonable hours.
E) both B and D

Question 59

The Fair Housing Act contains nondiscrimination provisions related to:

A) sales of housing
B) rental of housing
C) both A and B
D) neither A nor B

Question 60

At common law,how much notice was necessary to terminate a tenancy for years?

A) 1 month
B) 1 year
C) one period,the length of the period being the period of the particular lease
D) A tenancy for years can be terminated without notice.
E) A tenancy for years is automatically terminated at the end of the lease term.

Question 61

Should states impose a warranty of habitability on landlords? What are the benefits and drawbacks of automatically imposing this warranty on landlords? Is the ability of a tenant to move to a different location sufficient incentive to encourage landlords to keep their premises livable?

Question 62

Under which of the following transfers by a tenant of the tenant's rights in a lease is the tenant released from further obligation to the landlord?

A) assignment
B) sublease
C) both A and B
D) neither A nor B

Question 63

Which of the following is not generally a duty owed by the tenant to a landlord?

A) duty to pay rent
B) duty to not commit waste
C) duty to inform landlord of any condition affecting the value of the leased premises
D) duty to not use the premises for illegal purposes
E) duty to not disturb other tenants

Question 64

James signed a 1-year lease for an apartment when he enrolled in Central State University.James signed a sublease with Jan for the remainder of the lease term.Assuming that this is a true sublease,to whom is Jan obligated to pay rent?

A) James
B) James's landlord
C) One half each to James and James's landlord
D) To either James or the landlord at Jan's option

Question 65

If a tenant transfers only some of his rights under a lease to another party,such that the original tenant is still liable on the lease,it is called a(n):

A) assignment
B) sublease
C) restrictive covenant
D) lease renewal
E) illegal action

Question 66

Where the implied warranty of habitability has been breached,the tenant can do the following except:

A) withhold from rent the reduction in value caused by the breach
B) repair the problem and deduct the cost of repair from the rent
C) cancel the lease if the breach amounts to constructive eviction
D) require the landlord to provide alternative equivalent premises

Question 67

What are the benefits and drawbacks of rent control ordinances?

Question 68

Joan rented an apartment.She has been complaining to her landlord that the roof has been leaking,and that paint is peeling from the doors.Does she have a legitimate complaint?

A) The leaky roof and the peeling paint both breach the landlord's implied warranty of habitability.
B) Neither the leaky roof nor the peeling paint breach the landlord's implied warranty of habitability.
C) The leaky roof violates the landlord's implied warranty of habitability.
D) The peeling paint violates the landlord's implied warranty of habitability.

Question 69

Samuel leases an apartment from Bright Ways Apartments,signing a 2-year lease.After one year,Samuel is transferred to a new city,so he must give up his apartment.Samuel transfers his entire interest in this lease to Lisa.Lisa fails to make the rent payments as required,so Bright Ways sues both Samuel and Lisa.In this situation:

A) Because Samuel was transferred,the lease terminated as to him and only Lisa is liable.
B) Because this is an assignment,Samuel's interest is terminated and only Lisa is liable.
C) Because this is a sublease,Samuel's interest is terminated and only Lisa is liable.
D) Both Samuel and Lisa are liable for the rent.
E) Only Samuel is liable for the rent.

Question 70

Under which of the following transfers by a tenant of the tenant's rights in a lease is the transferee obligated to make rent payments to the original tenant?

A) assignment
B) sublease
C) both A and B
D) neither A nor B

Question 71

If a tenant transfers all of his rights under a lease to another party,such that the original tenant is still liable on the lease,it is called a(n):

A) assignment
B) sublease
C) restrictive covenant
D) lease renewal
E) illegal action

Question 72

Under current law,which of the following is true about a landlord's duty to her tenants regarding safety of the premises?

A) Because the tenant has sole possession of the premises,a landlord has no duty to the tenant with regard to safety.
B) The landlord owes a duty of reasonable care to tenants,but not to others on the leased premises.
C) The landlord owes a duty of reasonable care to both tenants and others on the leased premises.
D) The landlord is strictly liable to tenants and owes a duty of reasonable care to others on the leased property.
E) The landlord is strictly liable to tenants and to others on the leased premises.

Question 73

Brittney lives in an apartment building that has an attached parking lot.While Brittney was walking from the parking lot to the building,she was attacked and seriously injured.Brittney sued her landlord for not having adequate security.What is the most likely outcome of this case?

A) Brittney will win if she can prove that the landlord has prior notice of this type of criminal activity in the area.
B) Brittney will win if she can prove that the landlord could have taken steps to stop this type of crime.
C) Brittney will win if she can prove that lack of security was the proximate cause of her injuries.
D) Brittney must prove A,B,and C before she can win.
E) Brittney must prove only A and C before she can win.

Question 74

The implied warranty of habitability:

A) is federal law applicable in all of the states
B) is a uniform law that has been adopted in nearly all of the states
C) is part of common law and applies in most states
D) has been adopted in many states through either legislation or court decisions

Question 75

Under which of the following transfers by a tenant of the tenant's rights in a lease can the landlord enforce the lease directly against the transferee of the rights?

A) assignment
B) sublease
C) both A and B
D) neither A nor B

Question 76

Which of the following is not one of the types of commercial leases commonly used?

A) gross lease
B) double gross lease
C) net lease
D) double net lease
E) triple net lease

Question 77

Under which of the following transfers by a tenant of the tenant's rights in a lease is the tenant obligated to make rent payments to the original landlord?

A) assignment
B) sublease
C) both A and B
D) neither A nor B

Question 78

Which of the following remedies may a landlord pursue if the tenant has failed to pay rent as required?

A) evict the tenant
B) sue for damages
C) either A or B,or both
D) either A or B,but not both

Question 79

Lance had a 2-year lease with Lisa.At the end of the 2 years,Lance stayed in the leased premises and kept making his rent payments.Lisa consented to this arrangement.This arrangement is best described as a:

A) tenancy for years
B) periodic tenancy
C) tenancy at will
D) tenancy at sufferance
E) tenancy at fee simple

Question 80

Under which of the following transfers by a tenant of the tenant's rights in a lease can the original tenant recover from the transferee of the rights if the original tenant suffers a loss as a result of the nonpayment of rent by the transferee of the rights?

A) assignment
B) sublease
C) both A and B
D) neither A nor B