Deck 35: Landlord and Tenant

Question 1

Under common law, the landlord had no obligation to mitigate the damages caused by the tenant's abandonment by attempting to rent the leased property to a new tenant.

Answer 1

True

Question 2

Lease agreements are not covered by the statute of frauds.

Answer 2

False

Question 3

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

Answer 3

False

Question 4

There has been an increasing judicial tendency to limit the effect of exculpatory clauses or declare them unenforceable on public policy grounds when they appear in residential leases.

Question 5

The property interest conveyed to the tenant is called the fee simple estate.

Question 6

In the absence of a contrary provision in the lease or an emergency that threatens the property, the landlord may not enter the leased property during the term of the lease.

Question 7

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 8

Subleasing occurs when the landlord or the tenant transfers all of her remaining rights under the lease to another person.

Question 9

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 10

The Equal Housing Opportunity Act (EHOA) prohibits housing discrimination on the basis of race, color, sex, religion, national origin, disability, and familial status.

Question 11

Landlords have a duty to disclose hidden defects that they know about, even if the defects are reasonably discoverable by the tenant.

Question 12

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 13

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

Question 14

Traditional landlord-tenant law viewed the lease as primarily a conveyance of land and paid relatively little attention to its contractual aspects.

Question 15

Dana rented a studio apartment from Mollie for one year, starting May 5, 2015 to May 5, 2016. Dana did not move out on May 5, 2016. Instead she sent Mollie a check for $300 on June 5, 2016 stating "June rent," which Mollie accepted. Mollie communicated to Dana that she was extending the lease to May 5, 2017. Dana confirmed the new tenancy and agreed to continue staying as a tenant. In this case, as of June 5, 2016, Dana is a tenant _____.

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

Question 16

In a tenancy at will, the landlord and tenant have agreed on a specific duration of the lease and have fixed the date on which the tenancy will terminate.

Question 17

The tenant has the right to exclusive possession and quiet enjoyment of the property during the term of the lease.

Question 18

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 19

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.

Question 20

When allowed by law, rent abatement allows the tenant to pay a reduced rent that reflects the actual value of the leasehold in its defective condition.

Question 21

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 22

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 23

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 implied warranty of:

A) liability.
B) habitability.
C) no-liability.
D) possession.

Question 24

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, Joey _____.

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

Question 25

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 26

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 27

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 28

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 29

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 30

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 31

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 not be 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 32

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 33

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 the:

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

Question 34

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 35

The Uniform Residential Landlord and Tenant Act (URLTA) prohibits:

A) discrimination against tenants on the basis of color, religion, race, and national origin.
B) the inclusion of exculpatory clauses in standard lease agreements that the landlords expect tenants to sign.
C) the creation of tenancy at sufferance.
D) 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 36

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 37

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 38

The implied warranty of habitability in lease situations requires the:

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

Question 39

_____ 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 40

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 41

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 42

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 43

_____ 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 44

Explain the difference between an assignment and a sublease.

Question 45

Explain the landlord's rights regarding security deposits.

Question 46

Explain what a tenancy at sufferance is.

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

Explain the implied warranty of habitability in a lease setting.

Question 49

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

Question 50

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