Deck 39: Landlord and Tenant Law

Question 1

The possession of land on payment of more than the fair market rental value of the premises is a tenancy at sufferance.

Answer 1

False

Question 2

A local ordinance might prohibit the leasing of property that is not in compliance with local building codes.

Answer 2

True

Question 3

A tenant has an unqualified right to exclusive possession of leased real property.

Answer 3

False

Question 4

With a tenancy at will, either party can terminate without notice.

Question 5

If the covenant of quiet enjoyment is breached, the tenant can terminate the lease and sue for damages.

Question 6

A lease of property for a prohibited purpose is unenforceable.

Question 7

To ensure the validity of a lease agreement, it should be for a term that does not exceed one year.

Question 8

An oral lease may be valid.

Question 9

Depriving a lessee of the possession of property is a landlord's right and duty.

Question 10

In most states, some leases must be in writing.

Question 11

When a landlord interferes with a tenant's use or enjoyment of the leased property, an eviction occurs.

Question 12

Under the covenant of quiet enjoyment, the tenant promises that the tenant will not interfere with the landlord's quiet enjoyment of the lease .

Question 13

A fixed-term tenancy is a tenancy for an indefinite period of time with payment at fixed intervals.

Question 14

A periodic tenancy is a tenancy that ends at a specified time.

Question 15

To ensure the flexibility of a lease agreement, it should not indicate the amount of the rent.

Question 16

The landlord has a duty to deliver possession of leased property to the tenant within 30 days of the beginning of the lease term.

Question 17

Rent is a contract where by a landlord transfers the right to possession and use of property to a tenant.

Question 18

The tenant has a right to obtain possession and retain it beyond the expiration of the lease term.

Question 19

Waste is the non-use of, or failure to profit from, the possession of real property.

Question 20

Rendering the leased premises unfit for occupancy is constructive eviction.

Question 21

The implied warranty of habitability requires a landlord who leases residential property to ensure that the premises are safe and suitable for a tenant to occupy.

Question 22

A tenant who abandons the premises is no longer obligated to pay the rent.

Question 23

Once the lease terminates, the tenant has a right to remain until the landlord indicates that the tenant must move on.

Question 24

A tenant's transfer of leased premises to a third person for a period shorter than the lease term is an assignment of the lease.

Question 25

A periodic lease terminates automatically unless one of the parties gives timely notice of an extension.

Question 26

Ellen conveys a house to Floyd with the right to possess and use the property for a specific period of time. This is

A) a periodic tenancy.
B) a fixed-term tenancy.
C) a tenancy at will.
D) a tenancy at sufferance.

Question 27

Rafe signs a one-year lease for an apartment owned by Suki. Rafe's tenancy is

A) a periodic tenancy .
B) a tenancy at will.
C) a tenancy at sufferance.
D) a fixed-term tenancy.

Question 28

The tenant's use of the leased property must not injure the landlord's interest.

Question 29

If the landlord sells the leased property, the tenant becomes the tenant of the new owner.

Question 30

If a tenant terminates a fixed-term tenancy before the end of the term, the tenant has most likely breached the lease contract.

Question 31

If the leased premises are destroyed by fire or flood, and the tenant is forced to move out, the landlord must pay the tenant until the lease ends.

Question 32

A constructive eviction occurs when the tenant wrongfully makes the landlord's use and enjoyment of the lease exceedingly difficult or impossible.

Question 33

The parties' agreement cannot limit the uses to which the leased property may be put.

Question 34

If the assignee of a lease is required to pay rent, the original tenant is free of the obligation to pay the rent.

Question 35

The tenant's transfer of his or her entire interest in the leased property to a third person is a sublease of the lease.

Question 36

Sergio rents an apartment from Taylor for a stated period of one year. The lease does not include a provision for renewal or extension. At the end of the lease term, possession of the apartment most likely

A) remains with Sergio absent notice by the tenant.
B) remains with Sergio until notice by Taylor.
C) remains with Sergio under an implied renewal or extension provision.
D) returns to Taylor.

Question 37

The same restrictions that apply to an assignment of the tenant's interest in leased property apply to a sublease.

Question 38

A contract whereby a landlord transfers the right to possession and use of property to a tenant for rent is

A) a covenant of quiet enjoyment.
B) a lease agreement.
C) an implied warranty of habitability.
D) a tenancy at sufferance.

Question 39

If the lease states the time it will end, the landlord is not required to give the tenant notice.

Question 40

Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is

A) a periodic tenancy.
B) a fixed-term tenancy.
C) a tenancy at will.
D) a tenancy at sufferance.

Question 41

Grey rents an apartment to Hugh, who retains possession of the apartment after the lease expires without making any payment of rent and without Grey's permission. This is

A) a periodic tenancy.
B) a tenancy at sufferance.
C) a tenancy at will.
D) a fixed-term tenancy.

Question 42

Lee leases a house from Megan for a two-year term. To ensure the validity of their lease, it should

A) provide for the landlord's future interest.
B) include a due date for the payment of the property taxes.
C) require that Lee perform structural repairs to the house.
D) require that Megan carry liability insurance.

Question 43

Alf rents an apartment. The lease does not specify how long it will last, but it does specify that Alf must pay rent every month. Alf's tenancy is

A) a fixed-term tenancy.
B) a periodic tenancy.
C) a tenancy at will.
D) not a tenancy.

Question 44

Fact Pattern 39-1 Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store.
Refer to Fact Pattern 39-1. Suppose that Unique begins to sell items that are similar to Trends' goods, and Trends abandons its space before the end of the lease term. With regard to Trends' unpaid rent,

A) Stores & Shops has to cancel the lease.
B) Stores & Shops cannot charge Trends.
C) Trends has to pay the rent.
D) Unique has to pay the rent for Trends.

Question 45

Kelly leases an office from Local Property Company (LPC) for a four-year term with the rent payable monthly. At the end of the term, Kelly retains possession of the office with LPC's consent and continues to pay monthly rent. This new arrangement is

A) a periodic tenancy.
B) a tenancy at sufferance.
C) a tenancy at will.
D) a fixed-term tenancy.

Question 46

Kristen signs a one-year lease for a mobile home owned by Lamont. If Kristen dies during the lease term, the lease interest

A) returns to Lamont.
B) automatically expires.
C) automatically renews until the landlord has notice of the death.
D) passes to Kristen's heirs as personal property.

Question 47

Gary has two houses. He allows his friend David to live in one of them without paying rent. David dies. David's tenancy

A) passes to his heirs indefinitely.
B) passes to his heirs for one year.
C) passes to his heirs for five years.
D) is terminated.

Question 48

Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on the property, may create a fixed-term tenancy by

A) warranty.
B) express contract.
C) deed.
D) sufferance.

Question 49

Jim has a periodic tenancy that requires him to pay rent weekly. Jim wishes to terminate his tenancy. Most likely, Jim must give his landlord notice of at least

A) one week.
B) two weeks.
C) thirty days.
D) no certain period.

Question 50

Winifred leases an apartment from Lakeside Apartments. When the lease ends, Winifred refuses to leave the apartment and stops paying rent. Lakeside can collect damages

A) based on the fair market rental value of the apartment.
B) up to half the rental value of the apartment.
C) up to twice the rental value of the apartment.
D) up to one-third the rental value of the apartment.

Question 51

Jan lives in Ken's beach house with his permission but without paying rent. Jan's tenancy is

A) a fixed-term tenancy.
B) a tenancy at will.
C) an illegal tenancy.
D) a periodic tenancy.

Question 52

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is

A) a periodic tenancy.
B) a tenancy at sufferance.
C) a tenancy at will.
D) a fixed-term tenancy.

Question 53

Violet occupies a house on Ruth's farm without paying rent. Either party can terminate this arrangement without notice. This is

A) a periodic tenancy.
B) a tenancy at sufferance.
C) a tenancy at will.
D) no tenancy.

Question 54

If a lease does not limit the uses to which the leased property may be put, the tenant may make any use of it as long as the use

A) is legal.
B) is reasonably ordinary use for this property type.
C) all of the choices.
D) does not injure the landlord's interest.

Question 55

Refer to Fact Pattern 39-1. Suppose that the premises occupied by Unique are destroyed by flood. Under most state laws, Trends

A) has to continue to pay rent until the end of the lease term.
B) has to pay a part of the rent and Unique has to pay the other part since it is still in business.
C) does not have to pay the rent.
D) will be reimbursed by Stores & Shops for any rent already paid because the property was not fit for use.

Question 56

A state law prohibits gambling houses. Tim rents a building to Victoria under a lease that provides the premises are to be used only to house an illegal betting operation. This lease is

A) enforceable under any circumstances.
B) enforceable as long as the tenant does what the lease provides.
C) enforceable only if the tenant does not do what the lease provides.
D) unenforceable.

Question 57

Maggie uses John's garage to store her car. She does not pay rent. John can terminate Maggie's tenancy

A) with at least one week's notice.
B) with at least two week's notice.
C) with a grant of time to Maggie to find a new place to store her car.
D) without notice.

Question 58

A tenant may be allowed to withhold rent as a remedy when

A) the tenant would prefer to pay a lower amount.
B) a landlord breaches the implied warranty of habitability.
C) the tenant moves out, even if the lease is still in force.
D) the tenant unjustifiably refuses to occupy the property.

Question 59

Star Apartments wrongfully makes Tomas's use and enjoyment of his leased premises exceedingly difficult. This is most likely

A) a tenancy at sufferance.
B) an exercise of the landlord's future interest.
C) an assignment of the lease.
D) a constructive eviction.

Question 60

Burt wants to lease a residence for two years from Condos Company. In most states, the lease agreement

A) must be in writing.
B) can be oral or written.
C) must be oral.
D) must be signed by a judge.

Question 61

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the buildings, PMC should consult

A) the applicable city ordinances and state statutes.
B) the previous owners.
C) the long-term tenants.
D) the Uniform Landlord's Maintenance Manual .

Question 62

Gary rents an apartment from Home Properties. The apartment is destroyed in a fire that is not the fault of either party. Most likely, Gary

A) is entitled to a refund of the rent already paid.
B) is no longer obligated to pay rent.
C) is no longer obligated to pay rent.
D) must continue to pay rent, in full.

Question 63

Larissa leases to Metal Fabrication Corporation a 10,000 square-foot building under a written lease with a twenty-year term, rent payable annually. The lease includes a clause stating that Metal Fabrication is responsible for making all necessary repairs, including rebuilding the structure after its destruction by any cause beyond Larissa's control. The lease does not include a clause concerning its assignment. One day after the tenth rental payment, Metal Fabrication, without Larissa's knowledge or consent, assigns its interest in the lease to National Steel, Inc. Meanwhile, Larissa sells the building to Prime Properties, Inc. The next month, the building is destroyed in devastating storm. Metal Fabrication rebuilds it and files a suit against Prime Properties for the expense. The defendant responds that the lease has terminated. Is Prime Properties correct? If so, when did the lease terminate? If not, is Prime Properties liable for the cost of rebuilding the structure? Why or why not?

Question 64

Pauline has a fixed-term tenancy for her apartment with Quality Apartments. If Pauline abandons the premises before the lease expires

A) Quality must make a reasonable attempt to evict Paulina.
B) Quality may be required to mitigate its damages.
C) Paulina may be required to mitigate her damages.
D) Paulina is no longer obligated to pay the rent.

Question 65

Clara rents an apartment from Dian that floods whenever there is a heavy rain. Dian refuses to fix the problem. She has breached

A) the implied warranty of habitability.
B) the covenant of quiet enjoyment.
C) the warranty of title.
D) the tenancy at sufferance.

Question 66

Lora leases a farm owned by Meadowland Acres, Inc. Lora's transfer of her entire interest in the leased property to Nate is

A) an assignment.
B) a covenant of quiet enjoyment.
C) a periodic tenancy.
D) a sublease.

Question 67

Sully leases an apartment owned by Tropic Residences, Inc. Sully's transfer of his interest in the lease to Rico for a period shorter than the lease term is

A) an assignment.
B) a covenant of quiet enjoyment.
C) a periodic tenancy.
D) a sublease.

Question 68

Nora orally agrees to rent an apartment to Owen for a six-month term. Is this lease enforceable if it is not in writing?

Question 69

Beth leases an apartment from Cassie for one year, as stated in the lease. Because the lease states the time it will end

A) the landlord is not required to give the tenant notice before the end of the term.
B) the landlord must remind the tenant before the end of the term.
C) the tenant must notify the landlord before the end of the term.
D) the tenant must move out before the end of the term.

Question 70

Usually, a fixed-term lease terminates when

A) its term ends.
B) the tenant moves out.
C) the landlord gives notice.
D) the landlord attempts to lease the property to another party.

Question 71

Jay owns a duplex that he leases to Kurt and Lily. If Jay sells the duplex, the tenants

A) become the tenants of the new owner.
B) remain Jay's tenants until the end of the lease term.
C) must immediately vacate the premises.
D) become the landlord.

Question 72

Riley owns Superior Apartments. He promises each tenant that during the lease term, neither he nor any third party with an unlawful claim will interfere the tenant's use and enjoyment of the property. This is

A) a tenancy at sufferance.
B) the covenant of quiet enjoyment.
C) the implied warranty of habitability.
D) a tenancy at will.