Deck 26: Landlord-Tenant Relations
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Deck 26: Landlord-Tenant Relations
1
Since leases are now viewed as contracts, commercial leases are subject to certain provisions of the Uniform Commercial Code.
True
2
When a person is injured on leased premises, the question of liability does not arise.
False
3
The landlord has the right to regain possession of the property in good condition at the end of the lease.
True
4
If a landlord fails to make reasonable efforts to reduce his or her losses resulting from a tenant's abandonment, the tenant is relieved of his or her obligation to pay the rent remaining under the lease.
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5
Some courts have held that the landlord may be considered to be responsible for the actions of a tenant who denied another tenant his or her right to quiet enjoyment.
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6
The landlord-tenant relationship can be created by a(n):
A) contingent contract.
B) statutory contract.
C) express or an implied contract.
D) arbitration agreement.
A) contingent contract.
B) statutory contract.
C) express or an implied contract.
D) arbitration agreement.
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7
A license gives a person the right of possession.
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8
The tenant can occupy a landlord's property only with the consent of the:
A) landlord.
B) bailor.
C) administrator.
D) executor.
A) landlord.
B) bailor.
C) administrator.
D) executor.
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9
The rights and duties of the parties are usually stated in the lease. These rights may not be expanded or modified by relevant laws and regulations.
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10
An agreement or promise in a lease to do a particular thing is known as a:
A) covenant.
B) condition.
C) warranty.
D) codicil.
A) covenant.
B) condition.
C) warranty.
D) codicil.
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11
The owner of real property who gives up his or her right of possession is known as a(n):
A) executor.
B) bailor.
C) guarantor.
D) landlord.
A) executor.
B) bailor.
C) guarantor.
D) landlord.
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12
The tenant is not responsible for injuries occurring on his or her own leased premises.
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13
Conditions in a lease may specify certain restrictions on how property may be used.
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14
In a period tenancy, either the landlord or tenant must give the other party timely notice in order to comply with applicable state laws.
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15
The landlord has no obligation to reduce losses that may result from a tenant's abandonment of the premises.
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16
The law gives a tenant the right to make reasonable modifications to the leased property.
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17
Whether a tenant has the right to remove fixtures at the end of the lease depends largely on whether removing them would damage the landlord's interest.
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18
The person who agrees to pay for the use of real property owned by another is known as the:
A) lessor.
B) warrantor.
C) tenant.
D) bailor.
A) lessor.
B) warrantor.
C) tenant.
D) bailor.
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19
Most leases give a landlord the right to terminate the lease if the tenant fails to pay rent or violates any other material lease provision.
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20
The person who agrees to pay for the use of real property is known as the landlord.
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21
The law gives a tenant the right to make reasonable modifications to the leased property in order to make it suitable:
A) for sale.
B) for use.
C) to sublet.
D) to gift.
A) for sale.
B) for use.
C) to sublet.
D) to gift.
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22
If the landlord interferes with the tenant's right of possession by evicting him or her without a court order of eviction, the tenant has the right to:
A) sell.
B) sublease.
C) terminate the lease.
D) purchase the property.
A) sell.
B) sublease.
C) terminate the lease.
D) purchase the property.
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23
The landlord has the right to evict a tenant for the following reasons, EXCEPT:
A) nonpayment of rent.
B) illegal use of the premises.
C) tenant's sexual orientation.
D) any material violations of the terms of the lease.
A) nonpayment of rent.
B) illegal use of the premises.
C) tenant's sexual orientation.
D) any material violations of the terms of the lease.
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24
A possession interest that is for a specific period-weeks, months, or years-and automatically terminates on the expiration date is a:
A) periodic tenancy.
B) tenancy for years.
C) tenancy at will.
D) tenancy at sufferance.
A) periodic tenancy.
B) tenancy for years.
C) tenancy at will.
D) tenancy at sufferance.
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25
Distinguish between a lease and a license.
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26
The type of possession interest a tenant has in real property can vary considerably depending on the agreements between the parties and the provisions of the:
A) law.
B) lease.
C) warranty.
D) property.
A) law.
B) lease.
C) warranty.
D) property.
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27
A possession interest in which the lease continues for successive periods for the same length of time-weekly, monthly, or annually-and is automatically renewed at the end of the period is a:
A) periodic tenancy.
B) tenancy for years.
C) tenancy at will.
D) tenancy at sufferance.
A) periodic tenancy.
B) tenancy for years.
C) tenancy at will.
D) tenancy at sufferance.
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28
Most written leases provide the covenant of:
A) quiet enjoyment.
B) livability.
C) safety.
D) possession.
A) quiet enjoyment.
B) livability.
C) safety.
D) possession.
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29
The tenant has the right to ___________ the leased premises for the duration of the lease.
A) gift
B) possess
C) inherit
D) sell
A) gift
B) possess
C) inherit
D) sell
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30
A tenancy that exists when a tenant wrongfully extends tenancy beyond the agreed term is a:
A) periodic tenancy.
B) tenancy for years.
C) tenancy at will.
D) tenancy at sufferance.
A) periodic tenancy.
B) tenancy for years.
C) tenancy at will.
D) tenancy at sufferance.
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31
If the tenant has abandoned the premises, he or she is not relieved of the obligation to pay the:
A) agreed-upon rent.
B) interest on deposits.
C) maintenance charges.
D) insurance on property.
A) agreed-upon rent.
B) interest on deposits.
C) maintenance charges.
D) insurance on property.
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32
A possession interest in which no specific time of lease is agreed upon is a:
A) periodic tenancy.
B) tenancy at will.
C) tenancy for years.
D) tenancy at sufferance.
A) periodic tenancy.
B) tenancy at will.
C) tenancy for years.
D) tenancy at sufferance.
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33
A transfer of the tenant's interest for a part of the premises or for a part of the term of the lease is known as a(n):
A) abandonment.
B) constructive bailment.
C) power of attorney.
D) sublease.
A) abandonment.
B) constructive bailment.
C) power of attorney.
D) sublease.
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34
The voluntary surrender of possession of leased premises is known as a(n):
A) abandonment.
B) covenant.
C) retreat.
D) conditional action.
A) abandonment.
B) covenant.
C) retreat.
D) conditional action.
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35
A(n) _____ occurs when tenants transfer their entire interest in property for the remaining term of a lease.
A) leasehold.
B) sublease.
C) eviction.
D) assignment.
A) leasehold.
B) sublease.
C) eviction.
D) assignment.
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36
If a landlord has violated the express or implied duty to provide the tenant with quiet enjoyment, the tenant may abandon the premises under the doctrine of:
A) actual eviction.
B) tenant eviction.
C) constructive eviction.
D) landlord neglect.
A) actual eviction.
B) tenant eviction.
C) constructive eviction.
D) landlord neglect.
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37
The landlord has the right to collect the agreed-upon rent as provided in the:
A) sale deed.
B) quitclaim deed.
C) warranty.
D) lease agreement.
A) sale deed.
B) quitclaim deed.
C) warranty.
D) lease agreement.
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38
A _________ is somewhat open-ended, since it is automatically renewed at the end of the period, unless the landlord or tenant gives notice of his or her intent to not renew the lease.
A) periodic tenancy
B) tenancy for years
C) tenancy at will
D) tenancy at sufferance
A) periodic tenancy
B) tenancy for years
C) tenancy at will
D) tenancy at sufferance
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39
A termination by forfeiture gives the landlord the right to terminate the lease if the tenant violates a ___________ lease provision.
A) substantial
B) constructive
C) minimal
D) material
A) substantial
B) constructive
C) minimal
D) material
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40
A landlord's promise that the premises have no defects that would impair the health, safety, or wellbeing of the occupants is an implied warranty of:
A) merchantability.
B) habitability.
C) safety.
D) title.
A) merchantability.
B) habitability.
C) safety.
D) title.
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41
Explain a landlord's right to rent, regain possession and to evict a tenant.
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42
Define eviction and distinguish between actual and constructive eviction.
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