Deck 35: Landlord and Tenant

Question 1

Federal laws often regulate lease terms.

Answer 1

False

Question 2

If damage to leased property arises through no fault of the tenant,that tenant still has a duty to take interim steps in order to prevent further damage from the elements.

Answer 2

True

Question 3

The implied warranty of habitability applies to property leased for commercial uses,not to residential property.

Answer 3

False

Question 4

If Francisca sublets her apartment to William,she is no longer liable to the landlord for the commitments she made in the lease.

Question 5

Landlords are insurers of the safety of persons on their property.

Question 6

Under the traditional no-liability rule,landlords are granted immunity from tort actions if the defects arise during the term of the lease.

Question 7

A periodic tenancy cannot be terminated without either party giving advance notice to the other.

Question 8

A tenancy at will occurs when a tenant remains in possession of the property after a lease has expired.

Question 9

In a periodic tenancy,_____.

A) the landlord and tenant agree on a specific duration of the lease
B) either party may choose to conclude the tenancy at any time
C) either party must give advance notice to the other to terminate the tenancy
D) the tenant remains in possession of the property even after the lease has expired

Question 10

A tenant is responsible for the care and upkeep of leased property and is required to make major repairs if the damage was caused by his or her own negligence.

Question 11

Modern contract doctrines such as unconscionability,constructive conditions,the duty to mitigate damages,and implied warranties are not applied to leases.

Question 12

A valid surrender discharges the tenant from further liability under the lease.

Question 13

A lease is a contract by which an owner of property gives another person the exclusive right to possess property for a specific amount of time.

Question 14

Security deposits operate to protect the landlord's right to receive rent as well as his or her right to reversion of the property in good condition.

Question 15

If a landlord and a tenant agree that the tenant will pay rent at regular successive intervals but do not agree on a specific lease duration,the agreement is a _____.

A) tenancy at will
B) tenancy at sufferance
C) periodic tenancy
D) tenancy for a term

Question 16

Constructive eviction enables a tenant to terminate the lease on a property because she has effectively been evicted as a result of the poor condition or the objectionable circumstances there.

Question 17

Dana rented a studio apartment from Mollie for one year,starting May 5,1989 to May 5,1990.Dana did not move out on May 5,1990.Instead she sent Mollie a check for $300 on June 5,1990 stating "June rent",which Mollie accepted.Mollie communicated to Dana that she was extending the lease to May 5,1991.Dana confirmed the new tenancy and agreed to continue staying as a tenant.In this case,as of June 5,1990,Dana is a _____.

A) tenant at will
B) tenant at sufferance
C) tenant with a periodic tenancy
D) tenant for a term

Question 18

An exculpatory clause in a lease insulates the landlord from legal responsibility in all instances of premises-related injuries suffered by tenants.

Question 19

A _____ occurs when property is leased for an indefinite period of time and either party may choose to conclude the tenancy at any time.

A) tenancy at will
B) tenancy at sufferance
C) periodic tenancy
D) tenancy for a term

Question 20

Which of the following statements is true about a lease?

A) It is primarily a conveyance of land with relatively little attention paid to its contractual aspects.
B) It generally offers a tenant greater bargaining power over the landlord.
C) It conveys to the tenant the exclusive right to possess property for a period of time.
D) It does not come under the purview of doctrines such as unconscionability.

Question 21

Under the implied warranty of quiet enjoyment,a landlord:

A) can enter the leased property during the term of the lease.
B) may not enter the leased property during the term of the lease.
C) can enter the leased property anytime as long as he or she does so quietly.
D) may not interfere with any matter concerning the property.

Question 22

The implied warranty of habitability in lease situations requires:

A) the landlord to ensure that the property is suitable for living.
B) the tenants to maintain a habitable dwelling during the term of the lease.
C) the tenants to comply with the city's housing codes.
D) the landlord to terminate the lease if the warranty has been breached.

Question 23

Constructive eviction is an unattractive option for some tenants because the tenant:

A) has to share the repair expenses with the landlord.
B) cannot terminate the lease.
C) is required to vacate the leased premises.
D) is obligated to pay the rent for the remaining period of the lease.

Question 24

To be enforceable,most states require that a lease must be in writing if it is for a term of more than _____.

A) three months from the date it is made
B) one month from the date it is made
C) one year from the date it is made
D) six months from the date it is made

Question 25

An exception to the traditional no-liability rule is that the landlord has the duty:

A) to ask the tenant to maintain common areas.
B) not to commit waste on the property.
C) to use reasonable care in performing repairs.
D) to get the property in as good a condition as it was when leased.

Question 26

If a landlord and a tenant agree on a specific duration of the lease and fix the date on which the tenancy will end,it is a _____.

A) periodic tenancy
B) tenancy at will
C) tenancy for a term
D) tenancy at sufferance

Question 27

_____ is a remedy the tenant has for breach of implied warranty of habitability.

A) New tenancy
B) Lease extension
C) Security deposit refund
D) Rent abatement

Question 28

The duty not to commit waste means the tenant:

A) has the duty to pay rent in the agreed amount and at the agreed times.
B) is responsible for the care and upkeep of the property.
C) should take reasonable care to protect the property from criminal conduct.
D) has the duty to make repairs irrespective of whether the damage was caused by his negligence or not.

Question 29

Graham is a landlord who owns an apartment where Yosef and several other tenants live.Graham refuses to replace broken light bulbs and install new locks,or a security system,even though Yosef and the other tenants have been burglarized twice during the past two months.Under the current trend of landlord liability,_____.

A) Graham has no duty to protect Yosef from third-party conduct
B) Graham can be held liable for breach of implied warranty of habitability
C) Graham has a duty to protect Yosef and the other tenants from foreseeable criminal conduct
D) Graham is liable for breach of the implied warranty of quiet enjoyment

Question 30

The Uniform Residential Landlord and Tenant Act (URLTA):

A) prohibits discrimination against tenants on the basis of color, religion, race, and national origin.
B) prohibits the inclusion of exculpatory clauses in standard lease agreements that the landlords expect tenants to sign.
C) prohibits the creation of tenancy at sufferance.
D) prohibits the inclusion of clauses by which the tenant supposedly agrees to pay the landlord's attorney's fees in an action to enforce the lease.

Question 31

Statutes or ordinances designed to prevent abuse of security deposits by landlords:

A) prevent withholding security deposits for nonpayment of rent.
B) require that the security deposits be refundable.
C) allow landlords to withhold security deposits when the property is damaged by ordinary wear and tear.
D) prohibit landlords from taking advance payments of rents from tenants.

Question 32

Which of the following is a tenant's right?

A) The tenant has the right to exclusive possession of the property only if there is an explicit warranty of possession and habitability.
B) The landlord is not entitled to enter the leased property without the tenant's consent, unless the lease specifies this.
C) The landlord cannot act under an express lease provision and enter the leased property.
D) The tenant has the right to commit waste on the property and expect the landlord to fix or repair the damage.

Question 33

Title III of the Americans with Disabilities Act applies to landlords leasing:

A) religious organizations and private clubs.
B) a place of public accommodation.
C) private property accommodating more than two people.
D) private residential property for public use.

Question 34

Caleb and his friend Louie agreed that Caleb would lease an apartment from Louie for three months in the summer.On the date the lease was to begin,Caleb arrived at the apartment and discovered that Louie's friend,Sheila was already living there.In this scenario,Louie has violated the:

A) implied warranty of liability.
B) implied warranty of habitability.
C) implied warranty of no-liability.
D) implied warranty of possession.

Question 35

Consider the current trends in landlord's tort liabilities.Which of the following holds true for injuries sustained by a tenant on a leased property due to the landlord's failure to make repairs?

A) The landlord will be liable only under standard housing codes and not under the implied warranty of habitability.
B) The landlord will be not liable for lack of reasonable care in their maintenance of the leased property.
C) The landlord will not be liable to protect tenants from substantial risks arising from use of the leased property.
D) The landlord will not be liable unless he or she had notice of the defect and a reasonable opportunity to make repairs.

Question 36

Which of the following statements is true about the Fair Housing Act?

A) It exempts landlords who use a real estate broker or own more than three houses.
B) It protects a landlord's rights to prevent a handicapped tenant from making modifications to the leased property.
C) It prohibits landlords from excluding families with children, unless the dwelling falls within the act's "housing for older persons" exception.
D) It does not cover discriminatory practices in various transactions affecting the rental of dwellings.

Question 37

Laila rented an apartment from Imani Inc.Her guest,Joseph,slipped on a banana peel on the common stairway as he entered the apartment building.Given the scenario,_____.

A) Laila is liable for Joseph's injury as she invited him to the apartment
B) Imani Inc. will be liable to Laila only
C) Joseph can recover compensation from Imani Inc. if he can show that it did not use reasonable care in maintaining the stairway
D) Joseph cannot recover compensation from Imani Inc. as he is not its tenant

Question 38

Eli rents an old farmhouse from Kathy for a term to begin on July 31,2006 and end on August 1,2007.When Eli attempts to move in,he finds that Rose,the previous tenant,is still living in the house.Here,Kathy has breached:

A) the implied warranty of habitability.
B) the implied warranty of possession.
C) the implied warranty of quiet enjoyment.
D) the clauses of the Fair Housing Act.

Question 39

Charlie and Violet signed a lease to rent an apartment from Joey.After moving into the apartment,they have a heated argument one day and Violet moves out.Under these circumstances,_____.

A) Joey may hold Charlie responsible for the entire rent
B) Joey may hold Charlie liable for only half the rent
C) Joey may automatically terminate the lease
D) Joey will have to file a suit against Violet for the rent

Question 40

Which of the following statements is true of a tenancy at sufferance?

A) In this case, if the landlord opts for a new tenancy at the end of the term, it again has to be a tenancy at sufferance.
B) It is a tenancy in which either party may choose to conclude the tenancy at any time.
C) In this case, if the tenant wants to terminate the tenancy at any time, he or she can do so without notice, unlike the landlord.
D) It occurs when a tenant remains in possession of the property after the expiration of a lease.

Question 41

Explain the Fair Housing Act.Under what circumstances,can people be exempted from this act?

Question 42

Define tenancy for a term and show how it differs from periodic tenancy.

Question 43

Explain the implied warranty of habitability in a lease setting.

Question 44

A lease can be terminated early by _____.

A) an assignment
B) a party's material breach of the lease
C) the landlord's unanimous decision
D) a subleasing agreement

Question 45

Under what circumstances can a tenant invoke the doctrine of constructive eviction?

Question 46

The landlord may evict the tenant if he or she:

A) subleases the property or assigns the property to someone else.
B) does not maintain common areas of the property.
C) does not pay rent.
D) does not protect the property from criminals.

Question 47

Identify the correct statement about abandonment.

A) When a tenant abandons the leased property, the landlord has a duty to accept the offer.
B) The landlord cannot sue the tenant for the rent due for the remainder of the term.
C) If a tenant abandons the leased property, he is making an offer to surrender the leasehold.
D) A tenant can abandon a property only after the termination of a lease.

Question 48

When tenants transfer all of their remaining rights under a lease to a third party,a(n)_____ occurs.

A) assignment
B) sublease
C) constructive eviction
D) termination

Question 49

_____ occurs when a tenant transfers to another person some,but not all,of his remaining right to possess the property.

A) Subleasing
B) Assignment
C) Periodic tenancy
D) Exclusive possession

Question 50

Explain the difference between an assignment and a sublease.