Question 1

Tanya,a tenant,gave Lou,her landlord,a $1,000 security deposit when she moved in.When she moved out four years later,Lou withheld $500 from Tanya's deposit because the carpet was 50% worn out.This was the only damage in the apartment.The carpet has a normal useful life of eight years,and it costs $1,000.How much of the security deposit was Lou entitled to withhold?

Accepted Answer

Most statutes typically limit the amount a landlord may demand and require that the security deposit be refundable,except for portions withheld by the landlord because of the tenant's nonpayment of rent or tenant-caused property damage beyond ordinary wear and tear.

Question 2

Scarlett and Mark want to lease an apartment from Connor for a year.Connor first agrees,but upon finding that they have two small children,refuses to lease them his apartment.Is Connor's refusal legal?

Accepted Answer

Because of a perceived increase in the frequency with which landlords refused to rent to families with children,the Fair Housing Act prohibits landlords from excluding families with children.

Question 3

Which of the following is a tenancy for an indefinite period of time?

Accepted Answer

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

Question 4

A(n)________ is a contract under which the landlord conveys to the tenant the exclusive right to possess property for a period of time.

Accepted Answer

A lease is a contract under which an owner of property,the landlord (also called the lessor),conveys to the tenant (also called the lessee)the exclusive right to possess property for a period of time.

Question 5

Leases are regulated by what government entity/laws?

Accepted Answer

State or local law regulates leases.For example,the Uniform Residential Landlord and Tenant Act (URLTA)has been enacted in several states to govern leases.

Question 6

Magnum Corp.rented a building from Wheiler to set up an office for a 5-year lease period.After the office was set up,it was found that the paint was peeling off in many places,the washrooms were broken,and the floors were completely damaged.Magnum sued Wheiler for damages under the implied warranty of habitability.Magnum will:

Accepted Answer

The implied warranty of habitability requires that the property must be safe and suitable for human habitation.According to the vast majority of cases,this warranty is applicable only to residential property,and not to property leased for commercial uses.

Question 7

The common law held that landlords:

Accepted Answer

The common law historically held that landlords made no implied warranties regarding the condition or quality of leased premises.

Question 8

Which of the following is a characteristic of the doctrine of constructive eviction?

Accepted Answer

Under the doctrine of constructive eviction,the tenant may terminate the lease because she has effectively been evicted as a result of the poor condition or the objectionable circumstances there.

Question 9

Which of the following is not a remedy that may be pursued by a tenant for a landlord's breach of implied warranty of habitability?

Accepted Answer

A tenant can sue for damages,terminate the lease,withhold rent (rent abatement),and repair-and-deduct.A tenant cannot receive reimbursement for rent already paid when the landlord was not in breach.

Question 10

A ________ occurs when a tenant remains in possession of the property (holds over)after a lease has expired.

Accepted Answer

A tenancy at sufferance occurs when a tenant remains in possession of the property (holds over)after a lease has expired.

Question 11

Earl leased an apartment from Kent.Under the terms of the lease,Earl would remain a tenant for eight months and the tenancy would expire on December 8th.This is an example of:

Accepted Answer

In a tenancy for a term (also called a tenancy for years),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 12

Which of the following is true of leases in general?

Accepted Answer

Good business practice demands that leases be carefully drafted to make clear the parties' respective rights and obligations.Care in drafting leases is especially important in cases of long-term and commercial leases.

Question 13

When Tammy rented an apartment,she and the landlord agreed that she would pay rent on the first of every month.However,they did not agree on the duration of the lease.Under these circumstances,what sort of tenancy was created?

Accepted Answer

A periodic tenancy is created when the parties agree that rent will be paid in regular successive intervals until notice to terminate is given,but do not agree on a specific lease duration.

Question 14

Which of the following is an accurate statement of a general rule regarding security deposits obtained by landlords from tenants under residential property leases?

Accepted Answer

A security deposit cannot be used to cover a tenant's ordinary wear and tear of the property.

Question 15

Samuel,a physically disabled young man,has rented an apartment from Beth for a period of two years.Samuel finds that the apartment is ill equipped to handle his basic needs;he asks Beth for permission to make a few small alterations so that he can move around the house with minimum support.Beth refuses to let him do so and asks him to find another place to live.Is Beth's refusal legal?

Accepted Answer

The Fair Housing Act makes it a discriminatory practice for a landlord to refuse to permit a tenant with a handicap to make-at his own expense-reasonable modifications to leased property.

Question 16

Teresa rented an apartment from Len for one year,beginning January 1st,2008.When Teresa tried to take possession of the rental unit,Paul,a prior renter,was still there.Teresa asked Len to help her get Paul out.Len simply shrugged,telling Teresa that it was now her problem.Which of the following statements is true?

Accepted Answer

The implied warranty of possession guarantees a renter's right to possess the property for the term of the lease.

Question 17

Bill leased a villa from Mark for a period of two years.Two months after he moved in,he was regularly disturbed by the noise created by a group of young boys living in the adjacent unit,also owned by Mark.Despite repeated requests to the neighbors and Mark,there has been no improvement in the situation.Which of the following is an accurate statement?

Accepted Answer

The implied warranty of quiet enjoyment guarantees that the tenant's possession will not be interfered with as a result of the landlord's act or omission.Courts have also held that the covenant of quiet enjoyment was violated when the landlord failed to stop third parties,such as trespassers or other tenants who make excessive noise,from interfering with the tenant's enjoyment of the leased premises.

Question 18

What is the name of the property interest conveyed to a tenant under a lease?

Accepted Answer

The property interest conveyed to a tenant in a lease is called a leasehold estate.

Question 19

Which of the following is required for a lease for a term of more than one year to be enforceable?

Accepted Answer

In most states,a lease for a term of more than one year from the date it is made is unenforceable unless it is evidenced by a suitable writing signed by the party to be charged.

Question 20

In which of the following is the implied warranty of habitability applicable?

Accepted Answer

Statutes or judicial decisions in most states impose an implied warranty of habitability on many landlords who lease residential property.

Quiz 25: Landlord and Tenant