Deck 39: Landlord and Tenant

Question 1

A tenant is a lessor.

Answer 1

False

Question 2

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

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 tenant is NOT responsible for damages he or she causes through negligence.

Question 5

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

Question 6

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

Question 7

A constructive eviction occurs when the tenant wrongfully performs or fails to perform any of the undertakings the lease requires.

Question 8

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.

Question 9

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

Question 10

A fixed-term tenancy does not terminate.

Question 11

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

Question 12

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

Question 13

State or local law often dictates permissible lease terms.

Question 14

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

Question 15

Leases that violate discrimination laws are sometimes valid.

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

A fixed-term tenancy terminates at the end of a specified period without notice.

Question 21

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

Question 22

A landlord is not entitled to sell leased property unless the tenant agrees to the sale.

Question 23

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 24

A tenant cannot withhold rent for any reason.

Question 25

A tenant's transfer of his or her entire interest in the leased property is an assignment.

Question 26

The implied warranty of habitability does not concern unattractive physical defects.

Question 27

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 28

A tenant is responsible for all damage to leased premises.

Question 29

Even after a tenant sublets leased premises,the tenant may be obligated to pay rent.

Question 30

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

Question 31

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 32

Sid rents an apartment from Town Properties,Inc.The lease,which ends on May 31,does not include an option for re?newal,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 33

Consumer Shops,Inc.,signs a lease for a storefront owned by Downtown Building Company.Unlike a purchaser of real property,Consumer Shops

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 34

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

Question 35

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

Question 36

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 37

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 38

Generally,a tenant must pay rent even if he or she moves out as long as the move is unjustifiable and the lease is in force.

Question 39

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

Question 40

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

Question 41

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 42

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 43

Pat leases an apartment from Quality Rental Company.During the lease term,Real Estate,Inc.,claims to have superior title to the apartment and tells Pat to vacate the premises.This is a violation of

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

Question 44

Grey rents an apartment to Hugh,who retains possession of the apart?ment after the lease expires without mak?ing 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 45

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 46

Kasper,the owner of Lakeview Farm,and Milt,the tenant of the farmhouse on the property,may create a fixed-term tenancy by

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

Question 47

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 48

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer.Jamal's tenancy is

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

Question 49

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 50

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 51

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 52

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 53

Dora leases a house from Evan for a two-year term.To ensure the valid?ity of their lease,it should include

A)a description of the premises.
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 54

Benny rents a house from Geraldine.One day,Benny comes home from work to discover that Geraldine has changed the locks on the house.Benny has been

A)evicted.
B)terminated.
C)released.
D)rejected.

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

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 57

Kenneth has a periodic tenancy that requires him to pay rent weekly.Kenneth wishes to terminate his tenancy.He must give his landlord

A)at least one week's notice.
B)at least two weeks' notice.
C)at least thirty days' notice.
D)at least sixty days' notice.

Question 58

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 59

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

A)race.
B)gender.
C)ability to pay rent.
D)religion.

Question 60

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 il?legal 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 61

Andy leases to Burgertown Franchise Corporation a 10,000 square-foot building under a written lease with a twenty-year term,rent payable an?nually.The lease includes a clause stating that Burgertown is re?sponsi?ble for making all necessary repairs,including rebuilding the structure after its destruction by any cause beyond Andy's control.The lease does not include a clause concerning its assignment.One day after the tenth rental payment,Burgertown,without Andy's knowledge or consent,as?signs its interest in the lease to Chicken Hut Restaurants,Inc.Mean?while,Andy dies and Dotty inherits Andy's interest in the building.Without the knowledge or consent of either Burgertown or Chicken Hut,Dotty sells the building to Earnest Investments,Inc.The next month,the building is destroyed in the flood of a nearby river.Burgertown rebuilds it and files a suit against Earnest for the expense.Earnest responds that the lease has terminated.Is Earnest correct? If so,when did the lease termi?nate? If not,is Earnest liable for the cost of re?building the structure? Why or why not?

Question 62

Oak Grove Residences,Inc.,owns apartment buildings.Pedro leases one of Oak Grove's apartments.Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is

A)an assignment.
B)an eviction.
C)a periodic tenancy.
D)a sublease.

Question 63

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

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

Question 64

Hobby Farms,Inc.,owns rural property that it leases to various tenants,including Ira.Ira's transfer of his entire interest in the leased property to Jason is

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

Question 65

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.

Question 66

Riley owns Superior Apartments.He promises his tenants that during the lease term,neither he nor anyone with a superior title to the prop?erty 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 67

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 68

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 69

Loretta rents an apartment from Larry. Larry refuses to fix a serious plumbing problem,and the apartment floods every time Loretta uses the water. Larry has breached

A)the implied warranty of habitability.
B)the covenant of quiet enjoyment.
C)the theory of respondeat superior.
D)the concept of unconscionability.

Question 70

Diners Cafe,Inc.,leases a building from Eagle Corporation.When the lease expires,Diners moves out,leaving the building in a seriously dam?aged condition.Eagle makes repairs,and leases the building to Fine Pizza Company.For all damage beyond ordinary wear and tear,

A)Diners and Eagle are each liable for half of the cost.
B)Diners is liable for the entire cost.
C)Eagle is liable for the entire cost.
D)Fine Pizza is liable for the entire cost.

Question 71

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

A)liable for the rent,because Dee defaulted.
B)liable for the rent,because the sublease lacked Cris's consent.
C)not liable for the rent,because Bren does not own the apartment.
D)not liable for the rent,because Bren sublet the premises to Dee.

Question 72

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.