Deck 9: The Landlord-Tenant Relationship

Question 1

A tenancy for years must run at least one year.

Answer 1

False

Question 2

A periodic tenancy must be in writing to be valid.

Answer 2

False

Question 3

A tenancy at will can be terminated by either party at any time.

Answer 3

True

Question 4

A tenant at sufferance can be required to vacate at any time.

Question 5

Generally, leases longer than a year must be in writing.

Question 6

There was an implied warranty of habitability at common law.

Question 7

In some states, the leasing of properties with code violations is void.

Question 8

The doctrine of constructive eviction requires the tenant to move out as one of its elements.

Question 9

The amount of the security deposit is limited under the URLTA.

Question 10

Under the URLTA, the landlord is required to furnish special notice to the tenant if the security deposit is to be retained.

Question 11

Rules and regulations that are changed during a tenant's lease period are inapplicable to that tenant.

Question 12

Under the URLTA, the landlord cannot enter the tenant's dwelling without advance notice.

Question 13

An assignment and a sublease are the same thing.

Question 14

A tenant is not released from liability under either a sublease or an assignment.

Question 15

At common law, the landlord had no obligation to repair leased property.

Question 16

Repair and deduct is a tenant's self-help method under the URLTA.

Question 17

To exercise self-help, the tenant must first ask the landlord to make repairs.

Question 18

In an action for dispossession, the tenant's defenses are limited.

Question 19

A landlord is not responsible for maintenance in the common areas.

Question 20

The implied warranty of habitability does not apply once a tenant moves in.

Question 21

Prepaid rent cannot be required under the URLTA.

Question 22

Rent control statutes are unconstitutional.

Question 23

Non-refundable cleaning deposits are not permitted under URLTA.

Question 24

Security deposit regulations can include interest payment requirements.

Question 25

Landlords are not liable when tenants are victims of crimes on the premises.

Question 26

Under the URLTA, a cleaning deposit is void if non-refundable.

Question 27

The Rule in Dumpor's Case provides that if the landlord agrees to one assignment, he's agreed to all assignments.

Question 28

Generally the warranty of habitability would apply to items such as broken door buzzers.

Question 29

The warranty of habitability cannot be eliminated by agreement.

Question 30

Landlords can provide for the retention of a security deposit as damages for a breach.

Question 31

The warranty of habitability applies to property conditions, such as the presence of mold or second-hand smoke.

Question 32

There is no limit on the URLTA on the amount of security deposit or prepaid rent that the landlord can charge.

Question 33

In an assignment of a lease, the original tenant is discharged from responsibility for the lease.

Question 34

Constructive eviction can be partial with an allowance for a reduction in rent.

Question 35

Landlords are permitted to evict tenants for criminal activity.

Question 36

Section 8 tenants cannot be evicted for criminal activity.

Question 37

Prepaid rent may or may not be included in the definition of a security deposit.

Question 38

Landlords can place valid waivers of rent stabilization provisions in their leases.

Question 39

Rules and regulations can be incorporated by addendum into a lease agreement.

Question 40

Compliance of the leased premises with the ADA in common areas is the responsibility of the landlord.

Question 41

"To A from March 31, 2021 until June 30, 2021" is an example of a periodic tenancy.

Question 42

"To A for 8 years" is an example of a tenancy for years.

Question 43

"To A on a month-to-month basis beginning June 30, 2020" is an example of a tenancy at will.

Question 44

Either the landlord or the tenant can terminate a tenancy at will at any time.

Question 45

Broker fees for leases are illegal in most states.

Question 46

One-half of the states have no limit on the amount of the tenant's security deposit.

Question 47

Limits on the amount of upfront deposits that landlords can require has become confusing because of the many types of deposits.

Question 48

Security deposits can be used as liquidated damages by the landlord for a tenant's early termination of the lease.

Question 49

Fair chance ordinances deal with racial discrimination.

Question 50

Which of the following is not a solution for a tenant with uninhabitable premises?

A)Repair and deduct
B)Tort recovery
C)Nonpayment of rent
D)Criminal action against landlord

Question 51

Which of the following existed at common law?

A) Implied warranty of habitability
B) Landlord's liability for common areas
C) Repair and deduct
D) Rule in Dumpor's Case

Question 52

Which of the following is not true under the URLTA?

A) The self-help section permits repair and deduct
B) Security deposits are non-refundable
C) Landlord access is limited
D) Subleases are prohibited

Question 53

If leased premises violate the building code, what is the effect on the lease agreement?

A) The lease agreement is void
B) There is no effect on the lease agreement
C) The tenant has the right to undertake all repairs
D) The issue if a matter of civil enforcement.

Question 54

Which of the following is required prior to repair and deduct under URLTA?

A) Notice to the landlord
B) Withholding of rent
C) Constructive eviction
D) Evidence of a code violation

Question 55

Which of the following is an accurate statement about rent control statutes?

A) They are unconstitutional
B) They are preempted by the Sherman Act
C) They are void
D) Property owners have

Question 56

Which of the following is not provided under the URLTA?

A) Implied warranty of habitability
B) Limits on amounts of security deposits
C) Prohibitions on subleases
D) Restrictions on nonrefundable deposits

Question 57

Which of the following is not true about the implied warranty of habitability?

A) Applies only until the tenant moves in.
B) Cannot be used as a basis for demanding repairs.
C) Can be disclaimed.
D) It is limited to commercial leases.

Question 58

The limit on security deposits under URLTA is:

A) One month's rent.
B) Two month's rent.
C) ½ a month's rents.
D) Determined by a percentage of monthly rent.

Question 59

The Rule in Dumpor's Case:

A) Applies to assignments of leases.
B) Has been adopted in most states.
C) Deals with issues of tenants' growing crops.
D) Is decision related to habitability.

Question 60

A sublease:

A) Is the same as an assignment.
B) Is an assignment for part of a lease.
C) Is void in most states.
D) Terminates the lease automatically.

Question 61

Randy Baca resides with her two children in a two-bedroom apartment owned by Lakefront, Inc. The hot water in the apartment is too hot for Randy to touch, and she has complained to Lakefront and the manager. Her six-year old daughter is severely scalded when she tries to draw water for her bath. Which of the following is correct?

A) Lakefront will be held liable for the injuries.
B) Lakefront will not be held liable since their obligation is only to furnish hot water under a warranty of habitability.
C) Lakefront will not be held liable because Baca should have moved out.
D) Lakefront will not be held liable because Baca could have used a combination of hot and cold water to avoid scalding.

Question 62

Alex Freestone has just signed a six-month lease for an apartment with rent of $600 per month. Alex has:

A) A month-to-month tenancy.
B) A tenancy for a fixed period.
C) A tenancy at will.
D) An estate for years.

Question 63

Alex Freestone has just signed a six-month lease for an apartment with rent of $600 per month. How can Alex's lease be terminated without either side being liable for damages?

A) Alex can end the lease any time with 30 days notice
B) The landlord can end the lease any time with 30 days notice
C) The lease can be terminated anytime by either party
D) If the building is destroyed by natural disaster

Question 64

Alex Freestone has just signed a six-month lease for an apartment with rent of $600 per month. What is the maximum security deposit the landlord could collect from Alex under the URLTA?

A) $600
B) $300
C) $900
D) $1000

Question 65

Alex Freestone has just signed a six-month lease for an apartment with rent of $600 per month. Which of the following statements is true?

A) Alex's rent can be increased at any time.
B) Alex would not be liable for damages if he left the apartment before the lease ended because his lease is only six months.
C) Alex cannot withhold rent if there is no water in the apartment.
D) Alex would not be liable for damages if he left the apartment before his lease ended because the landlord failed to remove toxic mold.

Question 66

Amy Geiger had a two-year lease on a Manhattan apartment that began on August 1, 2019, and was to run until July 31, 2021 at a rate of $1,200 per month. Amy was assigned to work in the London office of her company from January 1, 2020 until August 31, 2020. Amy wishes to rent her apartment to someone during that time.

A) Amy cannot enter into a valid sublease.
B) Amy cannot assign her rights under the lease.
C) Amy can enter into a sublease and be released from liability on her lease.
D) Amy can enter into a sublease but is not released from liability on her lease.

Question 67

Amy Geiger had a two-year lease on a Manhattan apartment that began on August 1, 2019, and was to run until July 31, 2021 at a rate of $1,200 per month. Amy was assigned to work in the London office of her company from January 1, 2020 until August 31, 2020. Amy wishes to rent her apartment to someone during that time. With regard to Amy's lease:

A) It need not be in writing to be valid.
B) The lease must be in writing.
C) The statute of frauds does not apply to leases.
D) It is a periodic lease.

Question 68

Amy Geiger had a two-year lease on a Manhattan apartment that began on August 1, 2019, and was to run until July 31, 2021 at a rate of $1,200 per month. Amy was assigned to work in the London office of her company from January 1, 2020 until August 31, 2020. Amy wishes to rent her apartment to someone during that time. The landlord:

A) May increase Amy's rent at any time.
B) May not increase Amy's rent at any time.
C) May increase Amy's rent with one month's notice.
D) May increase the rent when Amy subleases the apartment.

Question 69

Amy Geiger had a two-year lease on a Manhattan apartment that began on August 1, 2019, and was to run until July 31, 2021 at a rate of $1,200 per month. Amy was assigned to work in the London office of her company from January 1, 2020 until August 31, 2020. Amy wishes to rent her apartment to someone during that time. Which of the following statements is true?

A) Amy is entitled to the protections of the implied warranty of habitability.
B) Amy gets the implied warranty of habitability only for the first month of her tenancy.
C) Amy gets the implied warranty of habitability only if she pays a security deposit.
D) Amy can waive the implied warranty of habitability.

Question 70

Amy Geiger had a two-year lease on a Manhattan apartment that began on August 1, 2019, and was to run until July 31, 2021 at a rate of $1,200 per month. What is the maximum security deposit the landlord can charge Amy under the URLTA?

A) $1,200
B) $1,800
C) $2,400
D) $1,600

Question 71

When does a landlord have a duty to maintain and repair?

A)Always for safety issues
B)Never, there is no such duty
C)Only if mandated by criminal statutes
D)Only if tenant asks

Question 72

When does a landlord not have a right of access to the tenant's premises?

A) For emergencies
B) For repairs
C) With permission
D) For verifying compliance with apartment rules and regulations

Question 73

Cheri North has a month-to-month tenancy. She pays her rent of $880 on the first day of each month. On January 15, 2021, Cheri received notice from her landlord that her rent would be increasing to $900 per month. When is the first time the landlord can demand the $900 rent from Cheri?

A) The landlord can collect the extra $20 on January 15, 2021 and receive $900 on February 1^st and thereafter
B) The landlord can collect the $900 on February 1^st and every month after
C) The landlord can collect the $900 beginning March 1, 2021
D) The landlord will need to switch to a tenancy for years to implement the rate increase

Question 74

Under Section 8 housing policies, which of the following have not been upheld by the courts?

A) Eviction of a tenant for criminal activity
B) Eviction of a tenant for criminal activity by a family member
C) Eviction of a tenant for criminal activity by a guest
D) Eviction of a tenant with physical disabilities

Question 75

Which of the following provisions must be included in a lease agreement for that agreement to be valid and enforceable?

A)A description of the leased premises
B)The due date for payment of rent
C)A requirement that the tenant have insurance
D)A requirement that the landlord will perform all structural repairs to the property

Question 76

Ruth moves into one of Meryl's Maine beach houses on an oral lease agreement that is to run for 24 months. In Maine, leases that run for longer than one year must be in writing to be enforceable. Meryl has accepted Ruth's rent for two months.

A)Meryl and Ruth do not have a valid lease.
B)Meryl and Ruth have a periodic tenancy.
C)Meryl and Ruth have a tenancy for years because Meryl accepted the rent.
D)Meryl and Ruth have a tenancy at sufferance.

Question 77

Jane has financed her one-acre lot through Bank Thrift Trust and secured it with a mortgage. Jane already owned a mobile home, which she placed on the lot and then resided there. After 3 years of payments, Jane defaulted on the mortgage. Because property values had deteriorated, Jane simply walked away and left the lot and the mobile home. Bank Thrift Trust has taken over the land and the mobile home. Bank Thrift Trust:

A)Owns the mobile home.
B)Is a trespasser on the property.
C)Is a tenant at will in the mobile home.
D)Can do nothing with the mobile home.

Question 78

Which of the following best summarizes a landlord's duty with regard to mold in leased premises?

A)The presence of mold in leased premises is not an issue of habitability.
B)Landlords generally must follow statutory disclosure requirements on detecting and reporting mold.
C)Landlords are generally required to conduct mold inspections at least annually.
D)Tenants are responsible for detection and clean-up of mold once the lease has begun and the tenant takes possession.

Question 79

Geraldine Waters rented an apartment at the Bedford Arms complex for a rent of $1,000 per month. Geraldine was require to pay a $1,000 security deposit when she moved into her apartment. Geraldine's lease was to run for six months, from January 1, 2021 through June 30, 2021. On March 31, 2021, Geraldine notified the landlord that she is leaving her apartment.

A) Because the lease was less than one year, Geraldine is free to end the lease at will.
B) Because she paid a security deposit, Geraldine is free to leave the lease at any time.
C) Geraldine has breached her lease agreement.
D) Geraldine was a periodic tenant and can leave the lease with notice.

Question 80

Geraldine Waters rented an apartment at the Bedford Arms complex for a rent of $1,000 per month. Geraldine was require to pay a $1,000 security deposit when she moved into her apartment. Geraldine's lease was to run for six months, from January 1, 2021 through June 30, 2021. On March 31, 2021, Geraldine notified the landlord that she is leaving her apartment. Geraldine's landlord:

A) Can keep the $1,000 security deposit as damages.
B) Has no remedy because Geraldine has not breached her lease.
C) Cannot keep the $1,000 security deposit if he is able to re-rent the apartment.
D) Must return the $1,000 because Geraldine has not breached her lease agreement.