Deck 50: Landlord-Tenant Law

Question 1

An eviction may only be full,not partial.

Answer 1

False

Question 2

A landlord does not have to enter into an agreement to lease premises to an individual who has a history of not paying rent or severely damaging premises.

Answer 2

True

Question 3

In the landlord-tenant relationship,liability for injuries depends on the type and severity of injury.

Answer 3

False

Question 4

A landlord who negligently made repairs to the premises can be held responsible for injuries.

Question 5

Generally,a landlord may terminate the lease if the tenant assigns the lease without the landlord's consent.

Question 6

Regarding evictions in Japan,which statement is false?

A)Before the year 2000,evictions were extremely uncommon in Japan because of laws intended to protect tenants.These laws provided automatic renewals of leases for tenants.
B)Because most homes are rented without a fixed termination date,it is less common for landlords in Japan to engage in eviction.
C)In 2000,with the passing of the Law on the Promotion of Supply of Good Quality Housing,automatic renewals of lease agreements became less common.
D)When there is a conflict between a landlord and tenant,the landlord is likely to sue the tenant and take the tenant to court because Japanese courts tend to find in favor of landlords rather than tenants.
E)Most homes are still rented using what is called futsu shakuya keiyaku,which is a type of lease that does not have a fixed termination date.

Question 7

A surrender of property must be in writing,generally speaking.

Question 8

The property in question is called the ________ in the landlord-tenant relationship.

A)Occupied property
B)Premises
C)Controlled area
D)Leasehold estate
E)Occupied estate

Question 9

Rent ceilings are always illegal.

Question 10

If a tenant vacates prior to the expiration of the lease term,the landlord has no duty to attempt to lease the property to another party,according to federal law.

Question 11

A rent escalation clause is typically found in short-term leases.

Question 12

Surrender occurs when a landlord or tenant fails to perform a condition stated in the lease.

Question 13

One of the covenants made by a lessee is a covenant of quiet enjoyment.

Question 14

The owner of the property is called the ________ in the landlord-tenant relationship.

A)Holdee or lessee
B)Holder or lessee
C)Holder or lessor
D)Landlord or lessee
E)Landlord or lessor

Question 15

A lease generally becomes void upon the transfer of ownership of the property.

Question 16

Which of the following was the result in Choices in Cmty.Living Inc. ,v.Petkus,the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act FHA)by discriminating against the cognitively disabled in the provision of housing?

A)That the defendant did not violate the FHA because zoning regulations prevented renting the dwelling at issue to three or more unrelated people,as requested by the plaintiffs.
B)That the defendant did not violate the FHA because of the reasonable belief on the part of the defendant that the proposed renters would commit substantial waste and damage.
C)That the defendant did not violate the FHA because the FHA only prohibits discrimination against the physically disabled,not individuals who have cognitive disabilities.
D)That the defendant did not violate the FHA because the defendant established that more desirable renters than the disabled applicants at issue were willing to rent the property at issue.
E)That the defendant violated the FHA.

Question 17

The compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises is called rent.

Question 18

If a landlord retains control of and access to property,the relationship is likely not a
landlord-tenant relationship because the tenant does not have an exclusive right to possession of the property.

Question 19

Interference with a tenant's quiet enjoyment of property may be in the form of an eviction.

Question 20

The party who assumes temporary ownership of the property is the in the landlord-tenant relationship.

A)Lessor or lessee
B)Holder or lessee
C)Holder or lessor
D)Tenant or lessee
E)Tenant or lessor

Question 21

A landlord may not discriminate against a prospective tenant with regard to which of the following,under the Fair Housing Act?

A)Race,color,sex,religion,national origin,familial status,or disability.
B)Race,color,sex,national origin,or age over 40).
C)Race,color,sex,religion,disability,or national origin.
D)Race,color,sex,religion,national origin,familial status,disability,or age over 40).
E)Race,color,sex,religion,national origin,or age over 40).

Question 22

When must a lease generally be in writing?

A)When the lease term exceeds 2 years.
B)Leases must always be in writing in order to be enforceable.
C)When the lease term exceeds 18 months.
D)When the lease term exceeds 9 months.
E)When the lease term exceeds 1 year.

Question 23

A[n] lease automatically expires at the end of the specified term,and the landlord is not required to give any notification of termination.

A)Definite-term
B)Allowable-term
C)Tenancy-at-will
D)Tenancy-at-sufferance
E)Periodic-tenancy

Question 24

________ is any tenant conduct that causes permanent and substantial injury to the landlord's property.

A)Trash
B)Waste
C)Negligence
D)Imperative
E)Substantial

Question 25

Which of the following was the result in the "Case Opener," the case in the text in which Roommates.com was sued for alleged violations of the Fair Housing Act and some California statutes because of its involvement in matching roommates?

A)That the defendant was enabling discrimination and was not entitled to immunity under the Communications Decency Act.
B)That the defendant was liable because it required discrimination in order to use its services.
C)That the defendant had immunity under the Communications Decency Act.
D)That the defendant could not be held liable because neither the Fair Housing Act nor the California statutes applied to tenants looking for roommates.
E)That the defendant had no liability to the plaintiffs because of the concept of caveat emptor.

Question 26

A[n] ________ eviction occurs when a landlord physically prevents a tenant from entering leased premises.

A)Actual
B)True
C)Constructive
D)Absolute
E)Legal

Question 27

A[n] _ lease is created for a recurring term,such as month to month;and it may last for an indefinite time period.

A)Tenancy-at-sufferance
B)Allowable-term
C)Periodic-tenancy
D)Definite-term
E)Tenancy-at-will

Question 28

Parties to a lease may terminate the lease at any time.

A)Tenancy-at-will
B)Tenancy-at-sufferance
C)Definite-term
D)Periodic-tenancy
E)Allowable-term

Question 29

If leased premises become unsuitable for use because of a landlord's wrongful or omitted act,a[n] ________ eviction has occurred.

A)Actual
B)True
C)Absolute
D)Legal
E)Constructive

Question 30

Who is responsible for upkeep of common areas?

A)Both the lessor and the lessee on a 50-50 basis.
B)The lessees are responsible for the upkeep of all common areas except hallways.
C)The lessor.
D)The lessees.
E)The lessor is responsible for the upkeep of all common areas except hallways.

Question 31

The promise that a landlord makes in a lease that the tenant has the right to quietly enjoy the land is the ________.

A)Covenant of quiet enjoyment
B)Agreement of quiet
C)Promise of tranquility
D)Contract of tranquility
E)Contract of enjoyment

Question 32

Which of the following identifies areas such as yards,lobbies,elevators,stairs,and hallways that are used by all tenants?

A)Use areas
B)Common areas
C)Leased areas
D)Lessee areas
E)Accessible areas

Question 33

Which of the following was the result in Janet I.Benitez v.Sebastiano Restifo,the case in the text in which the plaintiff alleged that the landlord breached the covenant of quiet enjoyment based upon an upstairs tenant intentionally and repeatedly causing significant water leakage into the plaintiff's apartment?

A)The court ruled that as a matter of law the landlord had no duty to control any actions of the other tenant and that the right to take action against the other tenant belonged to the plaintiff.
B)The court ruled that only because the lease itself placed a duty of quiet enjoyment on the landlord,the landlord had a duty to control the actions of the upstairs tenant.
C)The court ruled that since the actions of the tenant did not constitute a physical danger to the plaintiff,the landlord had no duty to control the actions of the tenant.
D)The court ruled that by failing to act to protect the plaintiff,the landlord was liable to the plaintiff for breach of the covenant of quiet enjoyment.
E)The court ruled that the terms of the lease controlled and that because the lease gave the plaintiff the affirmative right to take court action in such cases,the landlord had no duty to do so.

Question 34

A definite-term lease is also known as a[n] ________.

A)Exact-term lease
B)Applied-term-lease
C)Limited-term lease
D)Term for years
E)Approved-term lease

Question 35

Regarding leases under French law,which of the following is false?

A)Leases give tenants personal contractual rights.
B)In a construction lease,the tenant will be building and maintaining structures,and property rights are ceded to the tenant for the period specified in the agreement.
C)Tenants are given considerable freedom to engage in various agreements without the landlord's involvement or consent.
D)Leases are governed by the Common Code.
E)If a lease is not renewed,the tenant has the right to collect compensation.

Question 36

Which of the following is a requirement that leased premises be fit for ordinary residential purposes?

A)Agreement of acceptability
B)Warranty of residence
C)Implied warranty of habitability
D)Contract of residence
E)Covenant of quiet enjoyment

Question 37

If a tenant fails to leave the property after the termination of the lease,a[n] lease is created.

A)Period-tenancy
B)Definite-term
C)Tenancy-at-sufferance
D)Allowable-term
E)Tenancy-at-will

Question 38

Regarding security deposits,which of the following is false?

A)A security deposit is typically in the amount of one month's rent.
B)If the landlord exceeds the deadline in which to return the security deposit,the tenant can recover the deposit,plus attorney fees.
C)At the expiration of a lease,if a landlord retains any portion of the security deposit,the landlord must provide the tenant with a list of the damages.
D)At the expiration of a lease,the landlord is required to return to the tenant the security deposit minus any costs for damages caused by the tenant.
E)Federal law determines the amount of time that the landlord has to return the security deposit to the tenant.

Question 39

Historically,why was a landlord not responsible for ensuring that leased premises were tenantable?

A)Because the standard of living was lower.
B)Because it was believed that the free economy should take care of such matters.
C)Because land was viewed as the more important element being leased.
D)Because of the large need for premises to lease.
E)Because judges favored lessors.

Question 40

Which of the following is a not a type of lease that may be created?

A)Absolute tenancy
B)Tenancy-at-sufferance
C)Tenancy-at-will
D)Period-tenancy
E)Definite-term

Question 41

Which statement is true regarding the right of Matt to collect rent payments from Wu?

A)Wu only owes a duty to pay Matt if she agreed with DeAndre that she would do so if he became unable to pay.
B)Wu owes a duty to pay Matt.
C)Wu only owes a duty to pay Matt if DeAndre has been declared bankrupt by the bankruptcy court.
D)Wu owes no duty to pay any rent to Matt because she validly transferred her rights and obligations under the lease.
E)Wu only owes a duty to pay Matt only if DeAndre committed waste on the property.

Question 42

Regarding the liability of a landlord,which of the following is false?

A)If premises are used for commercial purposes,the landlord has a responsibility to ensure that the premises are in reasonably good condition before the tenant takes control of the property.
B)If the premises are used for commercial purposes,the landlord is responsible for maintaining the premises.
C)If the landlord is aware of a dangerous condition but hides the condition from the tenant,the landlord will be responsible for any resulting injury.
D)If the landlord is aware of a dangerous condition but does not make the tenant aware of the condition,the landlord will be responsible for any resulting injury.
E)If an injury occurs on residential premises because of a condition that the landlord knew or should have known about,the landlord can be held responsible for the injury.

Question 43

Which statement is true regarding the right of Matt to sue Wu for transferring her interests to DeAndre?

A)Any such provision in the lease was void as against public policy.
B)Matt could sue Wu and win for breaching the lease agreement.
C)Any such provision in the lease was unenforceable so long as DeAndre was an acceptable tenant.
D)When he accepted rent payments from DeAndre,Matt waived any lease provision prohibiting the transfer.
E)Matt could sue Wu and win for breaching the lease agreement only if DeAndre has committed waste on the property.

Question 44

Injuries that occur in common areas based on negligent upkeep are generally the responsibility of whom?

A)The landlord would owe half of the damages and the lessees would split the other half.
B)The landlord.
C)The lessees.
D)The landlord is responsible for all injuries except those occurring in any hallway for which the lessees are liable.
E)Each lessee and the landlord would owe an amount of damages determined by dividing the total damages by the number of lessees plus the landlord.

Question 45

[Lease Payments] Wu operated a medical transcription business.Planning to open a second office,she rented office space from Matt.Unfortunately,her business didn't do as well as she'd expected,and she decided against opening a second office after she signed the lease.Wu was able to reach an agreement with DeAndre whereby she transferred her entire interest in the leased property to him.The agreement she had with Matt prohibited her from transferring her interest.Matt,however,accepted rent payments from DeAndre because it was the easiest course of action.DeAndre started a catering business in the space.It did well during the holiday season,but DeAndre was unable to maintain bookings and became unable to pay the rent in the spring.Matt called Wu and asked her to pay the rental payments,reminding her that she breached the lease agreement in the first place when she transferred her interest in the lease to DeAndre.Wu told Matt to forget any payments from her and hung up.Matt wants to sue Wu for the lease payments and also for breaching the lease agreement,and he also wants to sue DeAndre.Wu talks to DeAndre,who says that he also has no plans to pay Matt.DeAndre also says that he does not believe he has any liability to Wu if she pays Matt.DeAndre says that the premises were acceptable but he wants out of the catering business.
The action Wu took in transferring her entire interest in the leased property to DeAndre was making ________.

A)A rental swap agreement
B)An assignment
C)A lease transfer
D)A sublet
E)A sublease

Question 46

Which of the following occurs if a tenant moves out of leased premises before the end of the term,has no intent to return,and had defaulted on rent payments?

A)Abandonment
B)Forfeiture
C)Refusal
D)Negation
E)Surrender

Question 47

Which statement is true regarding the right of Matt to collect rent payments from DeAndre?

A)Matt has the right to collect rent payments from DeAndre unless DeAndre had not been making a profit while operating his business in the leased premises.
B)Matt has no right to collect payments from DeAndre because the agreement he had with Wu prohibited her transferring any rights under the lease.
C)Matt has no right to collect payments from DeAndre unless Wu has been adjudicated bankrupt by the bankruptcy court.
D)Matt has no right to collect rent payments from DeAndre unless the agreement between DeAndre and Wu gave him that right.
E)Matt has the right to collect rent payments from DeAndre.

Question 48

Jonah leases an apartment from Amy and pays rent of two months in advance,plus a damage deposit.Unfortunately,when Jonah attempts to move in,he finds that Eliza is living in the apartment.Eliza tells Jonah that Amy had no right to ask her to leave and that she is staying put.Which of the following is true,assuming that Eliza has no legal right to occupy the premises?

A)In a majority of states,Jonah would be required to initiate legal action to remove Eliza,but he would be entitled to reimbursement from Jonah.
B)In a majority of states Jonah and Amy would have to split any costs involved in removing Eliza from the premises.
C)In a majority of states,the landlord is required to simply provide legal possession of the premises and has no responsibility to see that the previous tenant leaves.
D)In a majority of states,Jonah could have Amy put in jail if she did not have Eliza removed within 30 days.
E)In the majority of states,the landlord is required to remove the previous tenant or break the agreement with the new tenant.

Question 49

Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease?

A)Unless prohibited by the lease agreement,the tenant may transfer his or her interest in the property,but the interest of the landlord may not be transferred.
B)If the lease is silent on the matter,neither the landlord nor the tenant may transfer his or her respective interests in the property.
C)Only if the lease is for a period of one year or more may both the landlord and the tenant transfer their respective interests in the property unless prohibited by the lease agreement.
D)Unless prohibited by the lease agreement,both the landlord and the tenant may transfer their respective interests in the property.
E)Unless prohibited by the lease agreement,the landlord may transfer his or her interest in the property,but the interest of the tenant may not be transferred.

Question 50

Regarding landlord liability in England,which of the following is true?

A)A landlord is strictly liable for builder created defects.
B)For a landlord to be held liable due to negligence,he or she must have created the disputed defect.
C)The law favors protection of tenants.
D)Landlords are significantly restrained by common law in terms of their liability to the tenant at the time of letting.
E)Nuisance is not recognized as an action against landlords.

Question 51

Which statement is true regarding whether Mack has the right to raise the rent?

A)Mack may not raise the rent because Simone had no right to sell the property in the first place.
B)Mack did not have the right to raise the rent during the term of the lease,although Simone had the right to sell the property.
C)Mack had the right to double the rent,but that was the maximum amount that he could raise it.
D)Mack could raise the rent as high as he wanted,and Ethan could either pay it or move.
E)Mack could raise the rent by only a rate of 10% per year.

Question 52

[Skyrocketing Rent] Ethan leased space for his health food store from Simone.After a few years,Simone decided to sell the building in which the health food store was located to Mack.Simone told Ethan that the lease would be terminated and that whether he could stay or not depended on what he could work out with Mack.Mack told Ethan that he could stay only if he paid double the amount of rent he had been paying to Simone and that if Ethan complained,the rent would go even higher.Ethan told Mack that Simone had no right to make any changes and that he had the absolute right to continue paying the same set amount to Simone until the lease expired.The lease did not address transfers.
Which statement is true regarding whether Simone had the right to sell the building to Mack?

A)Simone had the right to sell the building to Mack only if there is less than six months' time left on Ethan's lease.
B)Simone had the right to sell the building to Mack during the term of the lease only if she can establish financial exigencies.
C)Simone had the right to sell the building to Mack.
D)Simone had the right to sell the building to Mack only if there is less than one year's time left on Ethan's lease.
E)Simone did not have the right to sell the building to Mack during the term of the lease;and Ethan has the right to get a court order preventing her from doing so.

Question 53

Which statement is true regarding Ethan's remark that he had an absolute right to continue paying Simone until the lease expired?

A)Ethan is correct because Simone had no right to transfer ownership in the first place.
B)Ethan is correct only if he gave notice to Simone prior to the sale that he objected to it.
C)Ethan is correct only if there is less than one year left on his lease agreement.
D)Ethan is correct.
E)Ethan is incorrect because while he has the right to pay the same amount,Simone has the right to assign the right to receive the payments to Mack or someone else unless the lease terms prevent her from doing so.

Question 54

Which of the following is true regarding the obligations of the parties if leased premises are destroyed through a fire or other disaster not the fault of the landlord?

A)The lessee must continue paying rent until the premises are either rebuilt or the lease expires;but the landlord has a duty to act with reasonable speed in rebuilding the premises.
B)The lessee is excused from further rent payments until the premises are rebuilt,and the landlord has a duty to act with reasonable speed in rebuilding the premises.
C)The lessee must continue paying rent,and rebuilding the premises is the responsibility of the tenant if the tenant wishes to do so.
D)The lessee must continue paying half the rent until the premises are either rebuilt or the lease expires;but the landlord has a duty to act with reasonable speed in rebuilding the premises.
E)The tenant is released from paying rent and the lease is terminated;and unless the landlord could have prevented the disaster,the landlord generally has no duty to restore or repair.

Question 55

Which of the following is a term referencing the failure of either the tenant or the landlord to perform a condition stated in the lease?

A)Surrender
B)Violation
C)Negation
D)Refusal
E)Forfeitur e

Question 56

Which of the following is a clause in a lease agreement allowing the landlord to increase the rent in association with increases in costs of living,property taxes,or the tenant's commercial business?

A)An inflation clause
B)A cost clause
C)A rent escalation clause
D)A landlord protection clause
E)A rent expense agreement

Question 57

Regarding a tenant's use of rented premises,which of the following is false?

A)A tenant may not cut down trees in the yard of rental property.
B)A tenant is responsible for negligent damages to an apartment.
C)A tenant had a duty not to cause substantial injury to the landlord's property.
D)A tenant has a duty not to commit waste.
E)A tenant is responsible for carpet that becomes worn.

Question 58

Which of the following references a landlord's right in some states to some or all of the tenant's personal property in the event that a tenant refuses to pay rent?

A)A landlord's personality
B)A protection lien
C)A tenant's personality
D)An eviction lien
E)A landlord's lien

Question 59

Which of the following references the ending of a lease before its stated term by mutual agreement between the lessor and the lessee?

A)Abandonment
B)Forfeiture
C)Negation
D)Refusal
E)Surrender

Question 60

Which of the following was the result on appeal in Douglas v.Kriegsfeld Corporation,the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?

A)The court ruled in favor of the tenant on the basis that the tenant had established a reasonable basis supporting the need of reasonable accommodation in regard to cleaning.
B)The appellate court remanded the case to the lower court to apply a test which focused on the landlord-tenant relationship,not on the impact one tenant has on other tenants,in order to determine whether the tenant was entitled to a reasonable accommodation.
C)The court ruled in favor of the tenant on the basis that the tenant suffered additional stress due to harassment regarding rent and that,therefore,the landlord was responsible for providing assistance with cleaning.
D)The court ruled in favor of the landlord on the basis that the Fair Housing Act did not have sections requiring accommodation.
E)The court ruled in favor of the landlord on the basis that while accommodations may be required at times under the Fair Housing Act,assisting with cleaning is not one of them.

Question 61

[Climate-Control Conflict] Pablo rented space for his personal training business from Natalia.Natalia and Pablo have an ongoing dispute regarding the air conditioning.Pablo wants a new unit because he says the old one needs repairs too often,but Natalia says that the old unit is fine.One day after a particularly fierce dispute,Pablo comes to work to find that the aerobics room and weight lifting room,areas with air conditioning problems,have been padlocked.Pablo is furious and calls Natalia who tells him that if the areas are so bad,then he should just stay out.Pablo immediately rents different space in a nearby building and moves his business.
What promise in the lease did Natalia breach,if any?

A)The covenant of advantageous business practices
B)The covenant of fair use
C)The covenant of real use
D)The covenant of quiet enjoyment
E)None

Question 62

In their Nari's state,a landlord has thirty days to return a security deposit.If Nari's landlord fails to return her security deposit and Nari files suit,what remedy might Nari be entitled to recover?

A)The security deposit,plus punitive and compensatory damages.
B)The security deposit,plus attorney fees.
C)The security deposit,plus punitive damages.
D)The security deposit,plus punitive and compensatory damages,plus attorney fees.
E)Nari is only entitled to recover the cost of her security deposit,so long as there was no damage.

Question 63

Can Jeri refuse to rent to Willa and Jessica because of their race?

A)Yes,the Fair Housing Act only covers actual tenants,not prospective tenants.
B)No,Willa and Jessica can bring suit against Jeri under the Fair Housing Act for discrimination.
C)No,Willa and Jessica's remedy is to complain to their local city council.
D)Yes,as long as Jeri assists in finding them adequate and comparable housing.
E)Yes,although the Fair Housing Act prohibits a landlord from discriminating on the basis of race,color,disability,and national origin,religion is not a protected classification.

Question 64

If Rodney has not made Emilene's electricity repairs,can she withhold her rent until it is fixed?

A)She may withhold all the rent until the defect is fixed.
B)A tenant may never withhold rent,however,she may create an escrow account for the fair market value of the rent.
C)She cannot withhold all the rent;she can withhold only the amount associated with the electricity.
D)She may withhold all the rent in an escrow account until the defect is fixed.
E)No,a tenant's most important duty is to pay rent.

Question 65

Is Rodney responsible for repairing the crumbling stairs in the common hallway?

A)Yes,but only if all tenants use the stairs equally.
B)Yes,but only if the landlord had paid for the installation of the stairs.
C)No,because the tenants of that floor are responsible for paying the repair cost to the stairs.
D)No,the tenants can create a common fund from which repairs to common areas can be paid.
E)Yes,because the stairs are in the common area of the property.

Question 66

What type of lease did Jessica and Willa want to enter?

A)A tenancy-at-sufferance lease
B)A monthly-term lease
C)A definite-term lease
D)A periodic-tenancy lease
E)A tenancy-at-will lease

Question 67

[Rent Dispute] Willa and Jessica are negotiating a lease with Jeri,who owns an apartment building.Jeri offers them a lease from March 1 until February 28 of the following year.However,Willa and Jessica do not want to be locked into a year lease and tell Jeri they prefer to pay each month they intend to live in the apartment.Jeri tells them she's tired of renting to people of their race and refuses to rent them the apartment.
What type of lease did Jeri want to enter?

A)A tenancy-at-sufferance lease
B)A tenancy-at-will lease
C)A periodic-tenancy lease
D)A monthly-term lease
E)A definite-term lease

Question 68

If the previous tenant continues to pay rent beyond the term of his lease,what type of lease is created?

A)A definite-term lease.
B)A tenancy-at-suffrage.
C)A tenancy-at-will.
D)A tenancy-at-sufferance.
E)A periodic-tenancy.

Question 69

What rights does Pablo have against Natalia?

A)He has no rights unless he can prove that he at all times had acted reasonably toward Natalia in the air conditioning dispute.
B)Only the right to withhold rent.
C)Only the right to bring suit against Natalia for breach of contract.
D)The right to not pay rent,and the right to bring suit against Natalia for damages or breach of contract.
E)Only the right to bring suit against Natalia for damages.

Question 70

Can a tenant hang wallpaper and paint rooms without the landlord's consent?

A)In most states,tenants cannot make alterations,changes that affect the condition of the premises,without the landlord's consent.
B)In most states,tenants may make alterations without the landlord's consent.
C)Tenants may make alterations without the landlord's consent as long as the alterations are necessary and do not reduce the value of the property.
D)Tenants may make alterations without the landlord's consent so long as the alterations increase the fair market value of the premises.
E)Tenants may make alterations without the landlord's consent so long as the alterations enhance the condition of the premises.

Question 71

Jimi allows Petra to live in his apartment building so long as Petra provides the landscaping on Jimi's buildings.Frederick,Jimi's brother,claims this arrangement is illegal and Petra should leave.Is Frederick correct?

A)Yes,rent consists of a monetary form of payment.
B)Yes,Petra should be evicted for failure to pay rent.
C)No,Frederick is incorrect because Petra may stay in the apartment if the illegality is cured.
D)Yes,because rent is an integral part of the landlord-tenant relationship.
E)No,rent can be paid in various forms,such as money or services to the landlord.

Question 72

Can Emilene hire a contractor to repair the electricity and have the landlord pay for the repair?

A)Yes,she may deduct the costs of the repairs so long as she provides the bill after the repair is completed.
B)No,she may deduct the costs of the repairs so long as the repair is for essential services such as electricity and she provides the bill after the repair is completed.
C)No,Rodney must select the contractor to have the repairs done as he is the owner of the property.
D)Yes,but only if she notifies Rodney first and he refuses to make the repairs.
E)Yes.

Question 73

Can a tenant renting a house in the city cut down several trees in the backyard of the landlord's house?

A)Yes,the tenant has full use of the property.
B)No,the tenant has a duty not to commit waste.
C)Yes,the tenant has the right to quiet enjoyment of the property.
D)Yes,the tenant has the right to possession of the property.
E)No,unless the tenant later reimburses the landlord for the fair market value of the trees.

Question 74

________ is the proper term for the action Natalia took in locking Pablo out of the areas.

A)Reasonable action
B)True eviction
C)Partial eviction
D)Full eviction
E)Constructive eviction

Question 75

What options does the landlord have with regard to the tenant who refuses to leave the premises?

A)The landlord can demand repossession.
B)The landlord can permit the tenant to remain on the property while a new tenant takes possession.
C)In the majority of the states,the landlord can sign a lease with a new party and the new party can assert its right to possession.
D)The landlord can permit the tenant to remain on the property or demand repossession.
E)The landlord can permit the tenant to remain on the property.

Question 76

If Wu pays Matt,does she have any rights to receive reimbursement from DeAndre?

A)Yes,but she would only be entitled to recover one half of the amounts because she and DeAndre are jointly liable to Matt.
B)No,because only Wu is liable on the assignment.
C)Only if DeAndre specifically agreed by contract when he accepted the premises to reimburse her.
D)Yes,Wu would have a right of reimbursement from DeAndre.
E)No,because she has no legal liability and is acting as a volunteer.

Question 77

[Overstaying Tenants] Curtis signs a lease with Ricardo for Curtis to rent a storefront for his costume shop starting on the first of March.After Ricardo gives Curtis the key on March 1,Curtis learns that the previous tenant,a t-shirt business,has not moved out.Curtis tells Ricardo that he is responsible for removing the t-shirt business from the storefront;however,after several weeks of waiting for possession,Curtis tells Ricardo that he wants his money back for the time he waited and breaks the lease.
Who is responsible for removing the previous tenant?

A)In the majority of the states,the landlord is required to simply provide legal possession of the premises,and thus the new tenant is responsible for removing the previous tenant.
B)The landlord is always required to remove the previous tenant.
C)The landlord and new tenant are jointly responsible for removing the previous tenant.
D)The new tenant is responsible for removing the previous tenant.
E)In the majority of the states,the landlord is required to remove the previous tenant.

Question 78

Is Rodney responsible for installing sprinkler systems to the rental unit?

A)Yes,if the tenant requests the installation of sprinklers or other safety mechanisms,the landlord is required to pay for it.
B)Yes,if a city health and safety law requires the installation of sprinklers,the landlord is required to pay for it.
C)Yes,the landlord is required to pay the cost of safety features that do not exceed the cost of one month's rent.
D)No,in general,it is the responsibility of the tenant,not the landlord to install safety features onto the property.
E)No,landlords are not required to pay the cost of safety features,but the tenant must receive permission for installation.

Question 79

[Costly Repairs] When Emilene moved into her new office space,she noticed there was a hole in the wall with electrical wires exposed and the electricity in the unit was not working properly.She told her new landlord,Rodney,who told her it was her responsibility.She also noticed there were no sprinkler systems in the building,but she had them in her prior office and she knew they were required in her part of the city.However,Rodney told her that the building never had sprinklers and she could install them herself if she thought they were important.She also noticed that the hallway outside her office leading to the elevator had three stairs that were crumbling and very dangerous.When she told Rodney about the stairs in the hallway used by all of the tenants,he told her that she could have them fixed since they were on her floor.
Is Rodney correct that he is not responsible for the hole in the wall and the malfunctioning electricity?

A)Yes,the implied warranty of habitability generally does not require the landlord to bear the cost of defects in the rental property.
B)No,but Rodney is only responsible for repairs up to the cost of 10% of the month's rent.
C)No,the implied warranty of habitability generally ensures that the landlord is responsible for repairs to major defects in the rental property.
D)No,the implied warranty of habitability generally ensures that the landlord is responsible for all repairs in the rental property.
E)Yes,the implied warranty of habitability does not require the landlord to be responsible for repairs to major defects in the rental property.

Question 80

Hiram has a commercial lease for his store.A floor tile had become loose,but Hiram never got around to fixing it.A customer tripped and suffered a broken hip and sued.Who is responsible for the injury?

A)Hiram is responsible because he was negligent in keeping the premises in good condition.
B)The landlord is responsible because he was negligent in keeping the premises in good condition.
C)Hiram is 60% responsible and the landlord is 40% responsible.
D)Hiram and the landlord are equally responsible.
E)The landlord is responsible if the injury occurred in the common areas.