Deck 11: Landlord and Tenant

Question 1

If a lease expressly prohibits assignment by the tenant, the tenant cannot sublet the property.
(Correct Answers are in Boldface)

Answer 1

False

Question 2

A tester, who seeks to uncover illegal renting practices under the Fair Housing Act, may collect money damages even though he did not intend to actually rent the premises.

Answer 2

True

Question 3

In the absence of a lease provision, a tenant usually may use the property for any legal purpose.

Answer 3

True

Question 4

With regard to commercial and residential leases:
(a)courts have been more willing to modernize the law regarding commercial leases than the laws governing residential leases.
(b)the implied warranty of habitability generally applies to both kinds of leases.
(c)the tenant's remedy of rent withholding is usually limited to just residential leases.
(d)all of the above.

Question 5

In most states, a tenant whose business becomes unprofitable as the result of governmental action may cancel the lease.

Question 6

A landlord may be held liable for injuries on the premises where the injuries:
(a)occurred in an area controlled by the landlord.
(b)resulted from the landlord's attempt to repair the property --even when the landlord had no duty to repair.
(c)were caused by a criminal.
(d)all of the above.
(e)two of the above.

Question 7

The advantage for both commercial landlords and tenants using a percentage rent approach with a breakpoint is that the landlord can share in the tenant's success while the tenant pays a lower rental fee until its sales hit a predetermined level.

Question 8

The landlord's interest during the period of a lease is called a life estate.

Question 9

If the amount of rent is not provided in the lease:
(a)the leasehold is always regarded as a gift from the landlord.
(b)the tenant may still be liable for the reasonable value of the possession of the property.
(c)the tenant is considered a licensee.
(d)the tenant will not have to pay rent until the landlord reforms the lease and states what the rent is.
(e)two of the above.

Question 10

In which of the following situations would it be legal for a landlord to evict his tenant?
(a)Evict a tenant because he is a professor of real estate law.
(b)Evict a tenant because he is using illegal drugs.
(c)Evict a tenant because she refuses to have sex with the landlord.
(d)Evict a tenant for joining a tenant's union.
(e)Two of the above.(a and b)

Question 11

A lease legally required to be in writing must include a provision stating who has the duty to keep the property repaired.

Question 12

An unconscionable contract, as opposed to a contract of adhesion, is one in which a party in a strong position dictates terms to a weaker party as a take-it-or-leave-it proposition

Question 13

Examples of leasehold estates are:
(a)the fee simple.
(b)the life estate.
(c)the estate for years.
(d)all of the above.
(e)two of the above.

Question 14

An estate for years may be converted, at its conclusion, into a periodic tenancy.

Question 15

Under the federal civil rights acts, a landlord may not discriminate against a lawyer.

Question 16

The Statute of Frauds in most states requires leases to be in writing only if they are for more than one year.

Question 17

A lease is not only a contract but also conveys a property interest to the lessee.

Question 18

Rufus is a tenant at sufferance.His landlord may legally:
(a)elect to hold Rufus liable under a periodic tenancy.
(b)collect double or triple rent in some states.
(c)exercise his right of distress.
(d)two of the above.(a and b)

Question 19

A lease legally required to be in writing must specify the rent.

Question 20

Because a lease conveys to a tenant the exclusive right to possess the premises, a landlord needs the tenant's permission to enter.

Question 21

Under the doctrine of independent covenants, if an apartment is defective, the tenant can in a number of states:
(a)withhold rent.
(b)use the rent to repair the defect.
(c)pay reduced rent.
(d)all of the above.
(e)none of the above.

Question 22

A landlord is generally liable to tenants injured in the following situations, except:
(a)Liable to tenants for hidden dangers he knows or should have known about.
(b)Liable to tenants for failure to warn of risks he does not know about but of which the tenant was aware.
(c)Liable to tenants for conditions in hallways and stairways that are not properly maintained.
(d)Liable for criminal acts against tenants that are foreseeable.
(e)Liable for injuries caused by a tenant's animals where the landlord had actual knowledge of the animal's viciousness.

Question 23

Pedro rented an apartment to Alischia for one year.Their lease prohibited Alischia from assigning her interest.However, after living in the apartment for two months, Alischia wanted to go on vacation and sublet the apartment to Don.
(a)The sublet is invalid.
(b)The sublet is valid and Don must pay the rent to Pedro.
(c)The sublet is valid but Don is not liable to Pedro for rent.
(d)None of the above.

Question 24

With regard to a landlord's duty to repair the tenant's residence:
(a)the landlord, under the traditional common law, had no duty to repair any living areas even if they were totally destroyed, but the tenant still had to pay rent for the term of the lease.
(b)the landlord must, by law in most states today, provide an apartment that is fit for residential use.
(c)the landlord may, under provisions negotiated in the lease, greatly limit the duty of repair he may owe to the tenant under law as long as these limitations do not violate public policy and are not unconscionable.
(d)all of the above.