Deck 38: Landlord and Tenant Law

Question 1

A periodic tenancy is created by a lease that does not specify how long it is to last,but does specify that rent is to be paid at certain intervals. 

Answer 1

True

Question 2

State or local law often dictates permissible lease terms. 

Answer 2

True

Question 3

A lease is a contract by which the owner grants someone else an exclusive right to use and possess the land,usually for a specified period of time in return for some sort of payment. 

Answer 3

True

Question 4

A landlord is usually required to give some period of notice to terminate a periodic tenancy. 

Question 5

The possession of land without right is a tenancy at will. 

Question 6

A tenant is a lessor. 

Question 7

A fixed-term tenancy is created when property is leased for a specified period of time. 

Question 8

A fixed-term tenancy does not terminate. 

Question 9

An eviction occurs when a landlord deprives the tenant of possession of the leased property. 

Question 10

Except for ordinary wear and tear,a tenant is responsible for all damage that he or she causes,intentionally or negligently. 

Question 11

With a tenancy at will,only the tenant can terminate without notice. 

Question 12

In every leasehold estate,the tenant has an unqualified right to exclusive possession. 

Question 13

Under the covenant of quiet enjoyment,a landlord promises that a ten-ant will not be disturbed in the possession of the premises. 

Question 14

The unconscionability concept is one of the most important of the contract doctrines applied to leases. 

Question 15

A property owner can legally discriminate against prospective tenants on the basis of gender. 

Question 16

A landlord is usually NOT entitled to damages when a tenant wrongfully retains possession of property. 

Question 17

Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord. 

Question 18

A tenancy at sufferance is created by a tenant's wrongfully retaining possession of property. 

Question 19

In most states,statutes require leases for terms exceeding one year to be in writing. 

Question 20

A fixed-term tenancy is created by an express contract. 

Question 21

Sid rents an apartment from Town Properties,Inc.The lease,which ends on May 31,does not include an option for renewal,and Sid and Town do not discuss whether Sid can stay on at the end of the term.On June 1,Sid has​ 

A) ​an implied option to renew the term. 
B) ​a right to remain contingent on notice from Town. 
C) ​a right to remain subject to notice to Town. 
D) ​no right to remain.

Question 22

A tenant can withhold rent for any reason. 

Question 23

A tenant ends his or her liabilities on a lease on assignment. 

Question 24

Usually a landlord must comply with state statutes that delineate specific standards for the maintenance of buildings. 

Question 25

When a landlord sells leased premises to a third party,any existing leases terminate automatically. 

Question 26

Rafe signs a one-year lease with Suki to occupy an apartment in Lawrence,Kansas,near the University of Kansas.Rafe needs the apartment only for two semesters and may have to sublet it for the rest of the term.Rafe's tenancy is​ 

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

Question 27

A sublease releases the tenant from his or her obligations under the lease. 

Question 28

Under the implied warranty of habitability,a tenant impliedly warrants that he or she will "habitate" on the premises during the term of the lease. 

Question 29

A tenant has a right to obtain possession of leased property at the beginning of a lease term and retain possession until the end of the term. 

Question 30

If an apartment building burns down,most states' laws require the tenants to continue to pay rent. 

Question 31

Generally,a tenant must pay rent even if he or she refuse to occupy the property as long as the refusal is unjustifiable and the lease is in force. 

Question 32

Generally,the implied warranty of habitability applies to substantial physical defects. 

Question 33

The landlord is responsible for all damage to leased premises. 

Question 34

A transfer of the premises for a period shorter than a lease term by either the landlord or the tenant is a sublease. 

Question 35

Niki conveys some of her land to Reggie with the right to possess and use the property for a certain period of time.Niki has given Reggie​ 

A) ​a constructive eviction. 
B) ​a leasehold estate. 
C) ​an implied warranty of habitability. 
D) ​an assignment.

Question 36

Usually,a lease terminates when its terms ends. 

Question 37

Brick & Mortar Stores,Inc.,signs a lease for a storefront owned by Commercial Properties,Inc.Unlike a purchaser of real property,Brick & Mortar​ 

A) ​acquires only temporary possession of the premises. 
B) ​enjoys exclusive possession of the premises. 
C) ​holds only temporary title to the premises. 
D) ​retains temporary, exclusive possession and title to the premises.

Question 38

Rural Holding Company (RHC)possesses farmland.RHC has the right to use the property,including harvesting the crops,for ten years.RHC does not have the right to extract the coal under the land.This is​ 

A) ​a constructive eviction. 
B) a leasehold estate. 
C) ​an implied warranty of habitability. 
D) ​an assignment.

Question 39

If a tenant abandons the premises,a landlord is required to mitigate his or her damages. 

Question 40

A landlord must give a tenant notice of the termination of a lease even if the lease states the time the lease will end. 

Question 41

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 42

Sterling,the owner of Timberline Mountain,and Uma,the tenant of the sole cabin on the property,may create a fixed-term tenancy by​ 

A) ​necessity. 
B) ​express contract. 
C) ​implication. 
D) ​sufferance.

Question 43

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 is​ 

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

Question 44

Janice lives in Wendy's beach house without paying rent.Janice's tenancy is​ 

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

Question 45

Elin rents an apartment from Fresh Properties,Inc.A clause in the lease provides that Fresh is not responsible for interruptions in the apartment building's heating.A court would likely hold this clause to be​ 

A) ​acceptable and enforceable. 
B) ​acceptable but not enforceable. 
C) ​ambiguous. 
D) ​unconscionable.

Question 46

Paula owns Main Street Apartments.Paula may legally turn down a prospective tenant based on the tenant's​ 

A) ​race. 
B) ​gender. 
C) ​none of the choices. 
D) ​religion.

Question 47

Fact Pattern 38-1Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store. Later, Unique Fashions begins to sell items that are similar to Trends Clothing's goods, and Trends Clothing abandons its space before the end of the lease term.
Refer to Fact Pattern 38-1.Trends Clothing is liable to​ 

A) ​no one. 
B) ​Stores & Shops and Unique Fashions for disputing Unique Fashions's business decision. 
C) ​Stores & Shops for at least some of the unpaid rent. 
D) ​Stores & Shops's tenants, except Unique Fashions, for abandoning Trends Clothing's space.

Question 48

Violet occupies a house on her mother 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 49

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

A) ​a provision for the landlord's future interest. 
B) ​a due date for the payment of the property taxes. 
C) ​a requirement that Dora perform structural repairs to the house. 
D) ​a requirement that Evan carry liability insurance.

Question 50

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 under any circumstances.

Question 51

Kristen signs a one-year lease with Lamont to occupy an apartment in Minneapolis near the University of Minnesota.Kristen's tenancy is​ 

A) ​a periodic tenancy. 
B) ​a tenancy at will. 
C) ​a tenancy by the entirety. 
D) ​a fixed-term tenancy.

Question 52

Winifred leases an apartment from Lakeside Apartments.When the lease ends,Winifred refuses to leave the apartment and stops paying rent.Lakeside Apartments 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 53

Paul wants to lease a condo for two years from Cool 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 54

Maggie uses John's garage to store her car.She does not pay rent.John decides that he needs the garage for his own car.To terminate Maggie's tenancy,John​ 

A) ​must give Maggie at least one week's notice. 
B) ​must give Maggie at least two week's notice. 
C) ​must give Maggie a reasonable amount of time to find a new place to park her car. 
D) ​need not give Maggie any notice.

Question 55

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 56

Grey rents an apartment to Hugh,who retains possession of the apartment after the lease expires without making any payments of rent.This is 

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

Question 57

Wilma has a fixed-term tenancy for her apartment with HiQual Apartments.Wilma dies.Her tenancy​ 

A) ​passes to her heirs as real property. 
B) ​passes to her heirs as personal property. 
C) ​is terminated. 
D) ​becomes a tenancy at will.

Question 58

Rita believes that Shady Grove Apartments,Inc.,her landlord,has violated the law in a way that entitles her to withhold the rent.This remedy is generally associated with​ 

A) ​adverse possession. 
B) ​breach of the implied warranty of habitability. 
C) ​discrimination. 
D) ​failure to provide security against crimes in common areas.

Question 59

Ken has a periodic tenancy that requires him to pay rent weekly.Ken wishes to terminate his tenancy.Under the common law,he must give his landlord notice of at least​ 

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

Question 60

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 61

Phoebe leases an apartment from Quito for one year.After two months,she sublets the premises for the next six months to Rufus,without obtaining Quito's con-sent.Rufus pays the rent for only four months.For the last two months of Rufus's six-month term,Phoebe is​ 

A) ​liable for the rent, because Rufus defaulted. 
B) ​liable for the rent, because the sublease lacked Quito's consent. 
C) ​not liable for the rent, because Quito owns the apartment. 
D) ​not liable for the rent, because Phoebe sublet the premises to Rufus.

Question 62

Tropic Breeze Residences,Inc.,owns apartment buildings.Suki leases one of Tropic Breeze's apartments.Suki's transfer of her interest in the lease to Vito for a period shorter than the lease term isa sublease.

A) ​an assignment. 
B) ​a violation of the law. 
C) ​a periodic tenancy. 
D) ​a sublease.

Question 63

Bill leases an apartment from Cathy.Two months later,Bill moves out,and arranges with Dian to move in and pay the rent to Cathy for the rest of the term.This is​ 

A) ​an assignment. 
B) ​an eviction. 
C) ​a tenancy at sufferance. 
D) ​a sublease.

Question 64

Fact Pattern 38-1Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store. Later, Unique Fashions begins to sell items that are similar to Trends Clothing's goods, and Trends Clothing abandons its space before the end of the lease term.
Refer to Fact Pattern 38-1.In some jurisdictions,Stores & Shops would be​ 

A) ​entitled to damages from Unique Fashions for its business decision. 
B) ​entitled to increase other tenants' rent to cover Trends Clothing's unpaid rent. 
C) ​entitled to the unpaid rent from Trends Clothing. 
D) ​required to mitigate its damages.

Question 65

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 66

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 67

Ann rents an apartment from Best Home Properties.The apartment is destroyed in a fire that is not the fault of either party.For the rest of the lease term,Ann​ 

A) ​is entitled to payment of the amount of the rent from Best Home. 
B) ​is no longer obligated to pay any of the rent. 
C) ​must continue to pay the rent, in a reduced amount. 
D) ​must continue to pay the rent, in the full amount.

Question 68

Meadowland Acres,Inc.,owns rural property that it leases to various tenants,including Norma.Norma's transfer of her entire interest in the leased property to Odette is​ 

A) ​an assignment. 
B) ​a constructive eviction. 
C) ​waste. 
D) ​a sublease.

Question 69

Riley owns Superior Apartments.He promises his tenants that during the lease term,neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises.This is​ 

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

Question 70

Cierra rents an apartment from Damian that floods whenever there is a heavy rain.Damian refuses to fix the problem.Damian has breached​ 

A) ​the implied warranty of habitability. 
B) ​the covenant of quiet enjoyment. 
C) ​nothing. 
D) ​the concept of unconscionability.

Question 71

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 dies and Olina inherits her interest in the building.Without the knowledge or consent of either Metal Fabrication or National Steel,Olina 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 72

Javier owns a duplex that he leases to Yvon and Zach.Javier may sell​ 

A) ​the duplex at any time. 
B) ​the duplex, but only after the lease expires and the tenants move out. 
C) ​the duplex, but only with the tenants' permission. 
D) ​the lease, but not the duplex.