Deck 11: Renters and Landlords

Question 1

A landlord guarantees the safety of the tenants,in the sense that any injured tenant can recover damages for bodily injury that occurs on the rented premises.

Answer 1

False

Question 2

A landlord can include an "exculpatory" clause in a lease and thereby assured to be exonerated for injuries to tenants that were caused by the negligent design of the premises.

Answer 2

False

Question 3

Some landlords dislike a tenancy-for-years lease,because they cannot increase rent until the term of the lease ends.

Answer 3

True

Question 4

Rent control repeatedly has been ruled constitutional despite the contention that it constitutes the compulsory "taking" of private property without "just compensation."

Question 5

In recent years New Zealand has amended its landlord tenant laws to make it easier to evict tenants in order to sell the rental property.

Question 6

If a landlord evicts a tenant for complaining to a government agency about the condition of the dwelling,its habitability,or housing code violations,he or she has committed a(n)
.

Question 7

If a tenant fails to pay rent and abandons the premises the landlord may sue the tenant for accrued rent and damages.

Question 8

Abatement is an eviction carried out by a landlord primarily for revenge,or retaliation.

Question 9

Whether or not the owner of a private (not subsidized by HUD)apartment complex has a duty to maintain and repair the units will depend upon the terms within the lease,or upon state law.

Question 10

Some landlords prefer a tenancy-for-years lease,because absent a breach the rental income will not be interrupted until the term of the lease ends.

Question 11

Although often regulated renters deposits can often be used as liquidated damages for harm the tenant causes the tenancy.

Question 12

If a landlord persists in violating the duty to maintain or repair the premises after being notified,the tenant may declare the lease terminated and abandon the premises without liability for future rent.

Question 13

A tenant at sufferance is a trespasser who has legal rights,because he or she has paid utility and telephone bills at the apartment.

Question 14

Modernly the laws of most states treat a lease as a binding contract,with reciprocal obligations between the landlord and the tenant.

Question 15

One of the disadvantages of renting is there is no equity build up.

Question 16

All rent control ordinances were recently held to be unconstitutional by the U.S.Supreme Court on the basis that such ordinances are an uncompensated taking of property by the state without due process of law.

Question 17

Renters receive the benefit of a warranty of habitability,but only if it is so agreed in the lease.

Question 18

The early common-law treated a lease as essentially a conveyance of an interest in real property.

Question 19

A landlord may use "security deposit" money to make repairs caused by ordinary wear and tear.

Question 20

One of the advantages of renting over homeownership is the flexibility related to moving dwelling places.

Question 21

An action by a landlord to evict a tenant for failure to pay rent is called .

Question 22

Which of the following generally do not cause increases in rent?

A)increases in property taxes
B)increases in maintenance costs
C)increases in vacancy rates
D)increases in utility bills

Question 23

A tenant can legally transfer his or her rights under a lease by finding a replacement tenant if a(n)
or a(n)is permitted (or not excluded)in the lease.

Question 24

A is a tenancy for as long as both parties agree;with no notice of
termination required.

Question 25

A is a promise usually implied from the landlord that others will not
interfere with the tenant's right to occupy the premises.

Question 26

A short period of time after rent is due to pay the rent before an action for eviction can be brought is called a(n).

Question 27

Which of the following laws is not a typical example of government responding to escalating rents and a housing shortage?

A)rent control laws
B)laws restricting condominium "conversions"
C)laws subsidizing the construction of new apartments
D)growth limitation laws

Question 28

A lease is both a conveyance of property and a(n).

Question 29

Which of the following legal actions would be proper for a landlord to evict a renter from

A)an action for specific performance
B)an action for damages
C)an action for rent
D)an action for unlawful detainer

Question 30

A(n)is not a true tenancy,as it is created by a tenant wrongfully retaining
possession of property.

Question 31

A landlord can legally refuse to rent to a tenant if his or her reason for refusal is the tenant is

A)a foreign immigrant.
B)afflicted with AIDs.
C)identified on a governmental Internet site as a sexual offender.
D)pregnant.

Question 32

Landlords can legally screen prospective tenants by reviewing .

Question 33

Assume that Tom rents an apartment from Larry with the understanding that either can terminate the lease by giving the other 30 days notice.What is the name of this type of lease?

A)tenancy for years
B)periodic tenancy
C)monthly tenancy
D)fixed-period tenancy

Question 34

The hours of use of a swimming pool can be changed during the term of a lease that incorporates,
by reference,a set of .

Question 35

The accumulation of dirt around vents inside an apartment unit is an example of
.

Question 36

If a tenant wrongfully stops paying rent and abandons the rented premises three months before the lease expires,what damages is the landlord absolutely entitled to recover?

A)the agreed upon rent for the unexpired term
B)one-half the agreed upon rent for the unexpired term
C)the agreed upon rent for the unexpired term plus forfeiture of all deposits
D)the agreed upon rent less rent received from any replacement tenant of the apartment during the unexpired term

Question 37

A lease provides that the lessee will occupy the premises for a period of 12 months,beginning August 1,2007,and will pay $18,000 at the rate of $1,500 per month.Such a lease would create a(n)

A)estate for years.
B)estate from year to year.
C)tenancy at will.
D)tenancy at sufferance.

Question 38

is a statutory remedy for a landlord to evict a renter who has defaulted in the
payment of rent or who has broken the terms of the lease in some other manner.

Question 39

A resident manager at an apartment complex is a(n)of the owner.As such,
his or her actions within the scope of authority become legally binding on the owner.

Question 40

A landlord can properly apply the proceeds from a(n)to repair permanent
carpet stains that were discovered after the end of a tenant's lease.

Question 41

Which of the following is an example of ordinary wear and tear?

A)permanent stains in the porcelain toilet bowl
B)broken windows
C)wine stains on curtains caused by a careless guest
D)fingernail scratches around drawer pulls on kitchen cabinets

Question 42

A clause in a lease that precludes a tenant from suing for damages (injuries)caused by his or her landlord's negligence is called

A)a distraint clause.
B)an exculpatory clause.
C)a nonliability clause.
D)an anti-loss clause.

Question 43

Sexual harassment of tenants is

A)illegal under federal civil rights statutes.
B)a problem very often without an effective legal remedy.
C)uncommon.
D)a form of abatement.

Question 44

Alvin,the landlord,regularly shows prospective tenants Prunella's apartment without her permission.If Prunella were to leave before termination of the lease,her defense to an action for rent would be

A)she was evicted.
B)that her rent was current.
C)she was subjected to a retaliatory eviction.
D)she was constructively evicted.

Question 45

The suspension of the duty of rent payment while premises of an apartment are uninhabitable is called.

A)constructive deference
B)detainer
C)retaliatory suspension
D)abatement

Question 46

Harold lives in the apartment unit next to Amelia.She is the proud owner of a pit bull named Sickem.Pets are allowed in the rental complex,which is a primary reason why Amelia rents there.She was once accosted and sexually abused by a person during one of her regular jogging trips.Following that experience,she purchased the trained dog,Sickem,which accompanies her whenever she leaves her apartment.Frequently Harold encounters Amelia about the premises,with Sickem on a leash.Sickem always growls at Harold,stares at him with menacing eyes,and pulls on the restraining leash in a threatening way.Each evening,at a fairly late hour,Amelia lets Sickem run free outside for about sixty minutes.Harold is deathly afraid that sooner or later he will face Sickem in the dark and that Sickem will attack and perhaps maim or even kill him.Which of the following actions should Harold take? Explain your answer.
a.Harold should tell Amelia of his fears and demand that she never untie Sickem.If she refuses,he should sue Amelia for tort damages based upon the fear he is suffering.
b.Harold should simply be careful to look and listen before getting out of his car to make sure that Sickem isn't in the vicinity.

Question 47

What advantage does a tenant at sufferance have over a trespasser?

Question 48

Distinguish between a periodic tenancy and a tenancy for years.

Question 49

Whether or not the landlord of a small apartment may legally reject,as possible tenants,single parents with minor children,depends upon

A)the due process clause of the U.S.Constitution.
B)state statutory law.
C)federal Civil Rights laws.
D)HUD rules.

Question 50

Which of the following matters is the least proper subject of inquiry by a prospective tenant of an apartment?

A)the hours during which outdoor lights are kept lit
B)the number and kinds of crimes that have occurred on the premises during the preceding six months
C)the number and kind of lawsuits that have been filed by the landlord during the preceding six months
D)the last time the lock to the apartment being considered for rental was changed

Question 51

Ramey,the landlord,turned off all of the heat to Alvayay's apartment during a cold spell in the middle of a very cold winter.After Alvayay complained to the city housing authority,Ramey gave him the required 30-day notice under the rental agreement.Alvayay refused to leave and Ramey has now brought an action to evict.Alvayay's best defense to an action brought by the landlord is that there was a

A)retaliatory eviction.
B)periodic tenancy.
C)grace period.
D)constructive eviction.

Question 52

Which of the following matters is a proper subject of inquiry by a prospective tenant of an apartment?

A)address of the owner dwelling
B)location of the landlord's parking space
C)names of the repair personnel who are under service contracts with the landlord
D)number and locations of master keys

Question 53

Which of the following is true regarding a security deposit on an apartment lease?

A)Refund of any unused security deposit must be within a reasonable time usually two weeks or a month.
B)The landlord has no duty to itemize and explain charges against the security deposit as long as they are made in good faith.
C)Only half the security deposit of an amount of $1,000 can be used to repair damages caused to the tenancy.
D)If damages to an apartment exceed the amount of the security deposit the tenant is not liable for the additional damages.

Question 54

Gurth and Moretop,students,rented an apartment near the River City University.They hung

A)When the landlord discovered that her apartment was being damaged,she should have evicted the students.There is no liability for damages,because of her failure to do so.
B)The students must pay for damages,but only for those damages resulting from conduct beyond ordinary wear and tear.
C)Anyone renting to students should know they are sloppy,so there is no liability.
D)The students must put the apartment in "as good as new" condition.

Question 55

Why is an inventory of the contents of newly rented premises,and of their condition,room-by?room,important? Who should prepare it? What should be done with it?

Question 56

There are certain rights and duties that exist based on the landlord and tenant relationship.They generally exist even if not provided for in the lease.Which of the following is (or are)an implied right or duty even if not stated in the lease?

A)The landlord makes an implied warranty of habitability.
B)The tenant agrees to request permission before allowing any over night guests to stay in the apartment.
C)The landlord agrees to not raise the rent without demonstrating that rent increases are necessity because the landlord has increased expenses.
D)all of the above

Question 57

Before signing a lease for an apartment,what can you do to minimize the possibility that you might become a victim of criminal activity in or around the complex?

Question 58

Which of the following is a possible valid defense by a renter who is faced with a legal action for eviction for nonpayment of rent?

A)breach of the implied warranty of habitability
B)refusal by landlord to waive fees for late payment of rent
C)refusal by landlord to negotiate in good faith for a lower,more reasonable rent
D)recent sale of the apartment to a new owner who has announced a plan to raise rents as soon as current leases expire

Question 59

In the case of New Haverford Partnership v.Stroot the landlord and tenant posed one of the significant issues in housing occupancy in recent years.The problem litigated was

A)sexual harassment of the tenant by the landlord.
B)the landlord intruding on the occupancy when showing the complex to prospective purchasers.
C)failure to repair water leaks and remove resulting mold from the tenancy.
D)the number of families residing in the leased apartment

Question 60

Discuss the pros and cons of a law that would require landlords to warn existing tenants of any new
tenant who had a criminal record involving a violent or sex related felony.

Question 61

What is the legal distinction between a transfer by sublease or assignment in landlord tenant law?

Question 62

Provide two examples of ordinary wear and tear for which a landlord could not deduct from a cleaning deposit.Provide two examples of damages from which a landlord could deduct from a cleaning deposit.How would you advise the landlord to present the cleaning deposit in the lease arrangement How would you advise the landlord to handle the deposit at the close of the tenancy?