Question 1

Historically, why was a landlord not responsible for ensuring that leased premises were tenantable?

Accepted Answer

Historically, the focus was on the land itself rather than any buildings or structures on it when leasing property. This perspective made the condition of the premises a secondary concern, as the primary value was seen in the land.

Question 2

When must a lease generally be in writing?

Accepted Answer

The requirement for a lease to be in writing generally applies when the lease term exceeds one year, according to the Statute of Frauds. This legal principle is designed to prevent fraud and misunderstandings in contracts that are significant in duration or value.

Question 3

Constantine notified his landlord for a second time in two weeks that his roof continued to leak and was causing damage to Constantine's personal property. The landlord refused to fix the leak. This is known as a(n) ________.

Accepted Answer

A constructive eviction occurs when a landlord fails to maintain the premises, making the living conditions uninhabitable or severely compromised, as in the case of not fixing a leaky roof, thereby indirectly forcing the tenant to leave.

Question 4

What does an implied warranty of habitability requirement impose on a landlord?

Accepted Answer

An implied warranty of habitability requires landlords to maintain their rental properties in a condition fit for ordinary residential purposes, ensuring that tenants have a safe and livable environment.

Question 5

An) ________ lease is also known as a term for years.

Accepted Answer

A definite-term lease is another term for a lease that has a specific start and end date, which is also known as a term for years lease.

Question 6

Which of the following would not be considered a common area?

Accepted Answer

Common areas in buildings are those that are available for use by all tenants or occupants, such as lobbies, elevators, stairs, and hallways. A tenant's internal doorway, however, is specific to an individual tenant's space and not shared among all occupants, making it not a common area.

Question 7

If you are the landlord of an office building or a residential apartment complex, you are responsible for ________.

Accepted Answer

Landlords are responsible for common areas, such as hallways, lobbies, and parking lots.

Question 8

Garland's lease has terminated, and he has not moved out. This creates what type of lease?

Accepted Answer

This situation creates a tenancy-at-sufferance, which occurs when a tenant remains in possession of the property after the expiration of the lease, without the landlord's consent to stay longer.

Question 9

Which of the following was the result in the "Case Opener," the case in the text in which Roommates.com was sued for alleged violations of the Fair Housing Act and some California statutes because of its involvement in matching roommates?

Accepted Answer

The court ruled that Roommates.com was not entitled to immunity under the Communications Decency Act because it was actively involved in creating discriminatory content by requiring users to provide information about their gender, sexual orientation, and whether they would bring children into the household.

Question 10

Which of the following concepts were considered in Gradjelick v. Hance, the case in the text in which the plaintiff alleged that the landlord exacerbated a fire caused by another tenant smoking, by failing to maintain the premises?

Accepted Answer

The court articulated the test for per se code violations, which was relevant to the landlord's failure to maintain the premises, potentially exacerbating the fire.

Question 11

Gretchen and Manard are in a tenancy at will lease. A lease of this type terminates when?

Accepted Answer

A tenancy at will is a type of lease agreement that either party, the tenant or the landlord, can terminate at any time, provided they give the other party sufficient notice as required by law.

Question 12

Any tenant conduct that causes permanent and substantial injury to the landlord's property is considered ________.

Accepted Answer

Waste refers to the tenant conduct that causes permanent and substantial injury to the landlord's property, often implying a legal responsibility to repair or compensate for the damage.

Question 13

A periodic-tenancy lease is for how long of a time period?

Accepted Answer

Periodic tenancy agreements run for an indefinite period and continue until either the landlord or the tenant terminates the lease. These agreements do not have a fixed end date and often operate on a month-to-month or week-to-week basis, depending on how rent is paid.

Question 14

Regarding security deposits, which of the following is false?

Accepted Answer

Federal law does not determine the amount of time a landlord has to return a security deposit; this is typically governed by state or local laws.

Question 15

Under the ________, a landlord may not discriminate against a prospective tenant with regard to race, color, sex, religion, national origin, family status, or disability.

Accepted Answer

The Fair Housing Act prohibits discrimination by landlords against prospective tenants on the basis of race, color, sex, religion, national origin, family status, or disability.

Question 16

When does a definite-term lease, also known as a term for years lease, expire?

Accepted Answer

A definite-term lease, or a term for years lease, automatically expires at the end of the specified term without the need for any notice.

Question 17

Which of the following is a not a type of lease that may be created?

Accepted Answer

"Absolute tenancy" is not a recognized type of lease. Leases are typically categorized as definite-term, period-to-period (or period tenancy), tenancy-at-will, and tenancy-at-sufferance, each with distinct characteristics regarding the duration and termination of the lease agreement.

Question 18

The promise that a landlord makes in a lease that the tenant has the right to quietly enjoy the land is the ________.

Accepted Answer

The correct term is "Covenant of quiet enjoyment," which is a promise typically found in leases and real estate contracts guaranteeing that the tenant can enjoy the property without disturbances.

Question 19

Lenny, a landlord, physically restrained Tullum, his tenant, from entering his apartment that he had leased to Tullum. This is known as ________.

Accepted Answer

An actual eviction occurs when a landlord physically prevents a tenant from entering the leased property, as described in the scenario.

Question 20

Regarding leases under French law, which of the following is false?

Accepted Answer

Leases in France are governed by the Civil Code, not the Common Code.

Quiz 50: Landlord-Tenant Law