Deck 25: Landlord and Tenant

Question 1

As per common law,landlords make no implied warranties regarding the condition or quality of leased properties.

Answer 1

True
Explanation: According to the traditional rule,landlords did not make any such implied warranty to tenants regarding the condition of the leased property.

Question 2

Tenants must do routine tasks to ensure the basic upkeep of rental property.

Answer 2

True
Explanation: A tenant has the duty not to commit waste on the property.This means that the tenant is responsible for the routine care and upkeep of the property and that he has the duty not to commit any act that would harm the property.

Question 3

In most states,landlords must give a reasonable advance notice to the tenant before exercising the right to terminate the tenancy.

Answer 3

True
Explanation: In the absence of any stipulated time in an agreement,most states require that the landlord give reasonable advance notice to the tenant before exercising the right to terminate the tenancy.

Question 4

A lease is a contract where the owner of property (called the landlord),conveys title to the property to a buyer (called a lessee).

Question 5

When a tenant remains in possession of the property after the expiration of a lease,a tenancy at will occurs.

Question 6

The principal of constructive eviction is applicable only to commercial property.

Question 7

Under a tenancy at will,property is leased for an indefinite period with an agreement to pay rent regularly.

Question 8

A landlord who fails to maintain reasonable security may face liability for injuries sustained by those who are criminally attacked on the property.

Question 9

The tenant will generally be held harmless if an individual is injured on their property.

Question 10

As in the case of an assignee,the sublessee also acquires similar rights and duties under the lease between the landlord and the tenant.

Question 11

If a leasee is on a month to month lease and can terminate the lease at any time with notice then lease is called a periodic tenancy.

Question 12

An implied warranty of habitability in the leased property makes the landlord the insurer of the tenant's safety.

Question 13

International law regulates lease terms in the United States.

Question 14

As a general rule,if a tenant abandons the leased property before the expiration of a lease,the landlord has a duty to mitigate damages.

Question 15

The Fair Housing Act prohibits housing discrimination on the basis of race.

Question 16

Debra allowed Frank to stay in the guesthouse located at the rear of her property.Debra and Frank never discussed rental terms.It is very likely a tenancy at will has been created.

Question 17

Under the doctrine of constructive eviction,a tenant may terminate a lease because the condition of the property is unsuitable for the purposes for which it was leased.

Question 18

If a landlord has a lien towards the tenant,the landlord can remove or hold the property of the tenant.

Question 19

The implied warranty of habitability requires landlords to maintain residential rental property in a statutorily defined,reasonably safe and healthy condition.

Question 20

Regardless of whether the parties' written lease clearly so specifies,the landlord makes an implied warranty of possession.

Question 21

Which of the following is a tenancy for an indefinite period of time?

A) Tenancy for a Term
B) Tenancy at Sufferance
C) Periodic Tenancy
D) Tenancy at Will

Question 22

A _____ occurs when a tenant remains in possession of the property (holds over)after a lease has expired.

A) periodic tenancy
B) tenancy at sufferance
C) tenancy at will
D) month-to-month tenancy

Question 23

Earl leased an apartment from Kent.Under the terms of the lease,Earl would remain a tenant for eight months and the tenancy would expire on December 8^th.This is an example of:

A) a tenancy for years.
B) a month-to-month tenancy.
C) a tenancy at will.
D) a tenancy at sufferance.

Question 24

A(n)_____ is a contract under which an owner of property,the landlord conveys to the tenant the exclusive right to possess property for a period of time.

A) estate
B) assignment
C) tenancy
D) lease

Question 25

In which of the following is the implied warranty of habitability applicable?

A) Both residential and commercial property leases
B) Only residential property leases
C) Only commercial property leases
D) Only agricultural property leases

Question 26

Magnum Corp.rented a building from Wheiler to set up an office for a 5 year lease period.After the office was set up,it was found that the paint was peeling off in many places,the washrooms were broken,and the floors were completely damaged.Magnum sued Wheiler for damages.Magnum will:

A) win the case because Wheiler is the owner of the damaged premises.
B) win the case because property leased for commercial purposes is the owner's responsibility.
C) lose the case because the implied warranty of habitability is not applicable.
D) lose the case because Wheiler has no responsibility to maintain his premises.

Question 27

Bill leased a villa from Mark for a period of two years.Two months after he moved in,he was regularly disturbed by the noise created by a group of young boys living in the adjacent plot.Despite repeated requests to the neighbors and Mark,there has been no improvement in the situation.Which of the following is an accurate statement?

A) Mark is liable to Bill under the implied warranty of quiet enjoyment.
B) Bill cannot recover damages from either Mark or his neighbors.
C) The neighbors have the right to live as they wish to.
D) Bill cannot use the remedy of constructive eviction since he has leased residential.property.

Question 28

Which of the following is not a remedy that may be pursued by a tenant for a landlord's breach of implied warranty of habitability?

A) Action for damages
B) Termination of the lease
C) Rent abatement
D) Appeal an injunction by the landlord

Question 29

Samuel,a physically disabled young man,has rented an apartment from Beth for a period of two years.Samuel finds that the apartment is ill-equipped to handle his basic needs;he asks Beth for permission to make a few small alterations so that he can move around the house with minimum support.Beth refuses to let him do so and asks him to find another place.Is Beth's refusal legal?

A) No,the law allows handicapped tenants to make reasonable modifications.
B) No,tenants have the right to do what they like during the lease period.
C) Yes,Samuel should find something suitable for him.
D) Yes,she is the owner and has supreme rights over her property.

Question 30

Which of the following is an accurate statement of a general rule regarding security deposits obtained by landlords from tenants under residential property leases?

A) If the landlord intends to retain part,but not all,of the tenant's security deposit,the landlord complies with applicable legal requirements if he verbally notifies the tenant of that intent.
B) The landlord is not entitled to use any part of the security deposit to cover the cost of remedying ordinary wear and tear that occurred during the tenant's occupation of the property.
C) The landlord is entitled to use any part of the security deposit as a way to recover unpaid rent.
D) As a general rule,security deposits are generally nonrefundable unless the tenant makes a convincing written showing of why part or all of the security deposit should be refunded to him or her.

Question 31

Which of the following is a characteristic of the doctrine of constructive eviction?

A) It aids landlords to evict tenants who default on rents.
B) It aids tenants to vacate property that is unsuitable.
C) It requires no legal notice,either before or after eviction.
D) It applies only to residential property.

Question 32

What is the name if the property interest is conveyed to a tenant under a lease?

A) Leasehold Estate
B) Freehold Estate
C) Life Estate
D) Joint Tenancy

Question 33

Scarlett and Mark want to lease an apartment from Connor for a year.Connor first agrees,but on finding that they have two small children,refuses to lease them his apartment.Is Connor's refusal legal?

A) Yes,he is the owner and has the right to refuse a lease.
B) Yes,he has a valid reason for the refusal.
C) No,because Scarlett and Mark have promised to pay rent on time.
D) No,because this blatant discrimination is prohibited by the law.

Question 34

Teresa rented an apartment from Len for one year,beginning January 1^st,2008.When Teresa tried to take possession of the rental unit,Paul,a prior renter,was still there.Teresa asked Len to help her get Paul out.Len simply shrugged,telling Teresa that it was now her problem.

A) Teresa must bring an eviction action against Paul.
B) Teresa must wait for Paul to vacate the premises at his convenience.
C) Len breached the implied warranty of possession.
D) Len and Teresa have created a periodic tenancy.

Question 35

Which of the following is true in the case of a lease for a term of more than one year to be enforceable?

A) It should be in writing only.
B) It cannot be subleased.
C) It cannot be assigned.
D) It can be oral or in writing.

Question 36

The common law held that landlords:

A) did not have the right to evict tenants for nonpayment of rent.
B) needed to make necessary repairs of their leased premises.
C) were responsible for the injuries caused to tenant due to their negligence.
D) made no implied warranties about the quality of leased premises.

Question 37

Leases are regulated by what government entity/laws?

A) International treaties and International Organizations
B) Federal government and U.S.Constitution
C) State and Local
D) Native American tribal governments

Question 38

When Tammy rented an apartment,she and the landlord agreed that she would pay rent on the first of every month.However,they did not agree on the duration of the lease.Under these circumstances,what sort of tenancy was created?

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

Question 39

Tanya,a tenant gave Lou,her landlord,a $1,000 security deposit when she moved in.When she moved out four years later,Lou withheld $500 from Tanya's deposit because the carpet was 50% worn out.This was the only damage in the apartment.The carpet has a normal useful life of eight years,and it costs $1,000.How much of the security deposit was Lou entitled to withhold?

A) $500,because wear and tear is the responsibility of the tenant.
B) Nothing;Tanya should replace the carpet before moving out.
C) Nothing,because the wear and tear here was ordinary and reasonable.
D) The entire value of the carpet,i.e. ,$1000.

Question 40

Which of the following is true of leases in general?

A) Provisions of extensions should be drafted separately.
B) Long-term leases need to be carefully drafted.
C) They are the most important in matters of residential property.
D) There are no laws regulating leases,only local housing codes.

Question 41

Which of the following statements is accurate in describing a sublease?

A) It is another term for an assignment.
B) It is used only in the context of commercial property.
C) It is an agreement between the original owner and a third-party.
D) A sublesee gets only partial rights.

Question 42

Which of the following is characteristic of exculpatory clauses?

A) Courts favor their use in leases of residential property
B) Aids tenants in recovering damages from landlords
C) Attempts to insulate landlords from negligence liability to tenants
D) Enforceable only in residential property leases

Question 43

Jessica a tenant invited her friend Angelina for dinner at her house.Jessica's carpet that was on the kitchen floor was in a torn condition.As Angelina walked over it,her leg got trapped and she fell down.Her knee got dislocated.Angelina can sue:

A) neither Jessica nor the landlord.
B) only the landlord.
C) both Jessica and her landlord.
D) only Jessica.

Question 44

Linda was visiting Jose at his apartment.While she was there,Linda slipped on a banana peel that Jose had negligently left on the kitchen floor.Linda was injured and sued both Jose and his landlord.Who is liable to Linda?

A) Both Jose and the landlord are liable.
B) Jose is liable because he was negligent.
C) The landlord is liable for all accidents that happen in his apartment.
D) No one is liable.

Question 45

Delta Corp.leased 60,000 square feet in an office building from Tanner under a written 25-year lease.Which of the following statements is correct?

A) Tanner's death will terminate the lease and Delta will be able to recover any resulting damages from Tanner's estate.
B) Tanner's sale of the office building will terminate the lease unless both Delta and the buyer consent to the assumption of the lease by the buyer.
C) In the absence of a provision in the lease to the contrary,Delta does not need Tanner's consent to assign the lease to another party.
D) Delta Corp.can legally take possession of Tanner's building at the end of the lease period.

Question 46

Jill is a month-to-month tenant.She had not paid her rent for 3 months and Landlord Lou decided to evict her.He placed her furniture in a storage locker and changed the lock on her apartment.Lou's actions are:

A) proper because Jill had breached her obligations as a tenant.
B) proper because a landlord may evict a month-to-month tenant for any reason.
C) improper because the law allows a landlord a reasonable right of "self-help."
D) improper because Lou should have gone to court and obtained an order of eviction.

Question 47

Sisk is a tenant of Met Co.and has two years remaining on a six-year lease executed by Sisk and Met.The lease prohibits subletting but is silent as to Sisk's right to assign the lease.Sisk assigns the lease to Kern Corp.which assumes all of Sisk's obligations under the lease.Met objects to the assignment.Which of the following statements is correct?

A) The assignment to Kern is voidable at Met's option.
B) Sisk would have been relieved from liability on the lease with Met if Sisk obtained Met's consent to the assignment.
C) Sisk will remain liable to Met for the rent provided for in the lease.
D) With respect to the rent provided for in the lease,Kern is liable to Sisk but not to Met.

Question 48

Maggie,the tenant under a one-year lease of an apartment,assigned the lease to her friend,Cosmo.Which of the following is a legally accurate statement?

A) Maggie's assignment of the lease is the same thing as the granting of a sublease.
B) If Cosmo fails to pay rent during the year covered by the lease,Maggie will be liable for it.
C) The assignment extinguishes any further obligations Maggie may have under the lease.
D) Maggie's assignment is called a tenancy for a period.

Question 49

Larry leased an apartment to Terry.The lease agreement prohibits Terry from assigning or subletting the property.Such a provision:

A) is generally void.
B) is unenforceable,unless Larry changes his mind.
C) is unenforceable,unless Terry needs to sublet the property.
D) is generally enforceable.

Question 50

Which of the following can provide relief to landlords from cases of negligence liability?

A) Assignment
B) Tort liability
C) An Exculpatory clause in a lease
D) Constructive eviction

Question 51

Which of the following is true of eviction?

A) The law gives landlords the power to forcibly evict tenants who default on rents.
B) An eviction results when the tenant unjustifiable vacates the leased premises.
C) It results from a breach of contract by a tenant.
D) The tenant need not be given a notice before eviction.

Question 52

Darwin,a college student leased a flat for 15 months which was to terminate in December 2009.Meanwhile he had to go to New Jersey for a project,so he sublet his flat to a friend.It means that:

A) Darwin is not liable to the original owner anymore.
B) Darwin has not transferred his remaining rights to his friend.
C) Darwin has performed an illegal act.
D) Darwin has actually performed an assignment.

Question 53

Miranda leased an apartment,which had broken floorboards,from Gail.She invited her friend Claire for dinner one evening to the apartment;during the course of the evening,Claire slipped on the floorboards and broke her ankle.Which of the following is true of the case?

A) Claire cannot recover any monetary damages.
B) Claire cannot recover any damages for trauma.
C) Claire can recover damages only from Miranda.
D) Claire can recover damages from Gail.

Question 54

Ace,Bud,and Chet leased an apartment from Stan Slumlord.They signed a lease that established a 12-month rental period at $400 per month as rent.Two months after the three tenants moved into the apartment,Ace and Bud moved out.Ace and Bud each moved to a different and distant state.Slumlord insists that Chet is responsible for the entire $400 per month rent.Is Slumlord correct?

A) Slumlord is incorrect.Under these facts,each tenant is responsible for one-third of the rent payment as an implied term of the lease agreement.
B) Slumlord is correct.The tenants are jointly and severally liable for the rent payments under the lease.
C) Slumlord is incorrect.This is a tenancy at sufferance,meaning that any tenant may vacate without incurring liability for further rent payments.
D) Slumlord is correct,if the lease was executed in a state that has adopted the Uniform Landlord-Tenant Act.

Question 55

Brandon leased his house to Patrick for 5 months.A few days after moving in Patrick found that the house had several defects such as leaking taps,broken windows,faulty electrical wiring.Despite repeated requests,Brandon did not do the repairs.As a result,Patrick went ahead with the repairs and deducted the amount from the rent due that particular month.Brandon threatened to sue him.Brandon will:

A) win the case because he is the owner of the house.
B) win the case because a tenant has no right to repair defects.
C) lose the case because he was informed of the defects before the repairs.
D) lose the case because the law is biased toward tenants.

Question 56

Why is the implied warranty of habitability considered to be superior to the doctrine of constructive eviction?

A) The tenant does not have to vacate the premises to seek damages.
B) Constructive eviction does not obligate the landlord to make repairs.
C) Constructive eviction is applicable only to commercial property.
D) Landlords need to pay damages to tenants.

Question 57

A(n)_____ occurs when the landlord or the tenant transfers all of her remaining rights under the lease to another person.

A) tenancy
B) lease
C) sublease
D) assignment

Question 58

Landlord wishes to evict Tenant from his apartment because Tenant is three months' behind on the rent.Tenant has indicated that he is unwilling to move out.Which of the following is an accurate statement about Landlord's rights and/or obligations under the circumstances?

A) Landlord cannot sue Tenant;instead,Landlord must negotiate further with Tenant.
B) Landlord may use the degree of force necessary to physically remove Tenant from the apartment.
C) Landlord may change the locks on the apartment while Tenant is temporarily away,so that Tenant cannot get back in.
D) Landlord has to follow the prescribed procedure for eviction in that State.

Question 59

June included an exculpatory clause in the lease agreement for her house that May was renting.During her lease period,May slipped and fell on the staircase which was made of faulty and rotten floorboards.Can May recover damages from June if she files a lawsuit?

A) Yes,because June is responsible for the care of the premises and many courts are declaring exculpatory clauses as unenforceable.
B) Yes,because the lease period is not yet over.
C) No,because May should have been more careful.
D) No,because courts will probably enforce the exculpatory clause.

Question 60

Which of the following is an accurate statement about limitations on assignment and subleasing in commercial lease agreements?

A) Public policy supports limitations on assignment and subleasing;therefore,such limitations are almost always upheld.
B) Ambiguous contract language limiting assignment of leases is narrowly construed and is usually resolved against the landlord.
C) Provisions requiring a landlord's consent to assignment are almost never upheld by the courts.
D) Total prohibitions against assignment can be enforced,and are favored under the law.

Question 61

Wally invited Dorothy to his apartment.While walking down the stairs in the main hallway of the apartment building,Dorothy tripped over a loose piece of wall-to-wall carpeting.When she fell to the floor,two of her teeth were knocked out.Dorothy has sued Wally and Marginal Properties,Inc.(the owner of the apartment building)for the dental expenses she incurred.Are Wally and Marginal liable? Explain.

Question 62

Generally,a landlord may evict a tenant by:

A) moving the tenant out himself and suing to recover unpaid rent.
B) moving the tenant out himself and changing the lock.
C) finding a new the tenant to occupy the place.
D) filing a lawsuit against the tenant.

Question 63

Ned Nerdman rented an apartment from Best Properties,Inc.The apartment did not have a functioning lock on a sliding patio door.Nerdman had given Best notice of this defective condition at least three weeks earlier.Best did not install a lock.As Nerdman slept at night,Phil entered the apartment through the unlocked patio door,knocked Nerdman unconscious,and stole Nerdman's expensive computer.Does Nerdman have a good cause of action against Best? Explain your reasoning.

Question 64

What is the term for when a tenant unjustifiable and permanently vacates a leased premises before the lease term.

A) Foreclosure
B) Sublease
C) Abandonment
D) Eviction

Question 65

Paul,an East State University physics major,rented an apartment from Jayvee Villas,Inc.for one year,beginning September 1,1999.The lease contained a term giving Paul the right to renew his lease for an additional year,at a rent increase of $25 per month by giving notice to the landlord of his intent to renew at least 30 days before the termination of the lease.After the fall semester,Paul had an opportunity to study in Spain,so he assigned his lease to Joel for the remainder of the months covered by the lease (January through August 2000).If Joel failed to pay the rent for the month of August 2000;is Paul liable for the unpaid rent? Why or why not? Assuming now that Joel is not in arrears on the rent as of July and August 2000,would he (Joel)have the right to renew the lease under its renewal term? Discuss.

Question 66

Average State University students Ann,Bo,and Sherry are co-tenants under a ten-month lease of a River Heights apartment from complex owner Stella Slumlord.The monthly rent set forth in the lease is $480.All three co-tenants signed the lease,which has five more months to go.Ann,Bo,and Sherry have each been chipping in $160 per month to cover the rent.Slumlord was aware of the co-tenants' rent-sharing agreement.Bo recently flunked out of school and has returned to his parents' home in Reno,Nevada.Bo has informed Ann,Sherry,and Slumlord that he will no longer be sharing in the rent.Slumlord has made demands upon Ann and Sherry for payment of the full monthly rental of $480? Is Slumlord legally justified in making this demand? Explain.

Question 67

Baker is leasee of Jones,because of some personal reasons Baker wants to terminate the lease but the lease is for one year.Both are ready for termination.Can they terminate the tenancy in between?

Question 68

Which of the following scenarios would justify eviction proceedings by a landlord?

A) A tenant has abandoned the premises without any notice.
B) A tenant has not paid rent for 5 consecutive months.
C) A tenant has asked for the refund of the security deposit.
D) A tenant wants to make necessary repairs in the premises.

Question 69

Gertrude has not paid rent for five months and Mary,her landlord,wants to evict her.While Gertrude is at work,Mary enters the apartment and changes the lock.Mary moves all of Gertrude's belongings into a storage locker.When Gertrude comes home from work,Mary gives the key to the storage locker.Which of the following is an accurate statement?

A) Mary was not entitled to act as she did because Gertrude was just five months behind in her rent.
B) Mary was entitled to act as she did because she protected Gertrude's belongings by placing them in a storage locker.
C) Mary was entitled to act as she did because a landlord has a right to "self help" in a situation like this.
D) Mary was not entitled to act since she performed an illegal eviction.