Question 1

Which of the following is true for current trends in landlord's tort liabilities?

Accepted Answer

The proliferation of housing codes and the development of the implied warranty of habitability have persuaded a majority of courts to impose on landlords the duty to use reasonable care in their maintenance of the leased property.The landlord now may be liable if injury results from her negligent failure to carry out her duty to make repairs.As a general rule,a landlord will not be liable unless she had notice of the defect and a reasonable opportunity to make repairs.

Question 2

Under the implied warranty of quiet enjoyment,a landlord:

Accepted Answer

By leasing property,the landlord makes an implied warranty of quiet enjoyment (or covenant of quiet enjoyment).This covenant guarantees that the tenant's possession will not be interfered with as a result of the landlord's act or omission.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.If he does,he will be liable for trespass.

Question 3

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:

Accepted Answer

If two or more persons are co-tenants,their liability under the lease is joint and several.This means that each co-tenant has complete responsibility-not just partial responsibility-for performing the tenants' duties under the lease.

Question 4

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

Accepted Answer

A tenancy at sufferance occurs when a tenant remains in possession of the property (holds over)after a lease has expired.In this situation,the landlord has two options: (1)treating the holdover tenant as a trespasser and bringing an action to eject him,and (2)continuing to treat him as a tenant and collecting rent from him.If the landlord elects the latter alternative,a new tenancy is created.The new tenancy will be either a tenancy for a term or a periodic tenancy,depending on the facts of the case and any presumptions established by state law.

Question 5

Graham is a landlord who owns an apartment where Sam and several other tenants live.Graham refuses to install lights,new locks,and a security system,even though Sam and several other tenants have been burglarized repeatedly in the past two weeks.Under the modern trend of landlord liability:

Accepted Answer

Another aspect of the trend toward increasing landlords' legal accountability is that many courts have imposed on landlords the duty to take reasonable steps to protect tenants and others on their property from foreseeable criminal conduct.Although landlords are not insurers of the safety of persons on their property,a number of courts have found them liable for injuries sustained by individuals who have been criminally attacked on the landlord's property if the attack was facilitated by the landlord's failure to comply with housing codes or maintain reasonable security.This liability has been imposed on residential and commercial landlords.

Question 6

Constructive eviction is an unattractive option for some tenants because:

Accepted Answer

Constructive eviction requires the tenant to vacate the leased premises,it is an unattractive option for tenants who cannot afford to move or do not have a suitable alternative place to live.

Question 7

Sam and his friend Louie agreed that Sam would lease an apartment from Louie for three months in the summer.On the date the lease was to begin,Sam arrived at the apartment and discovered that Louie's friend,Sheila was already living there.Under these circumstances,the lease between Sam and Louie:

Accepted Answer

Landlords have certain obligations that are imposed by law whenever property is leased.One of these obligations stems from the landlord's implied warranty of possession.This warranty guarantees the tenant's right to possess the property for the term of the lease.

Question 8

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

Accepted Answer

The particular remedies for breach of the implied warranty of habitability differ from state to state.Some of the remedies a tenant may pursue include: termination of lease,rent abatement,repair and deduct etc.

Question 9

The URLTA:

Accepted Answer

The Uniform Residential Landlord and Tenant Act (URLTA)prohibits the inclusion of certain lease provisions,such as a clause by which the tenant supposedly agrees to pay the landlord's attorneys' fees in an action to enforce the lease.In states that have not enacted the URLTA,lease terms are likely to be regulated at least to a moderate degree by some combination of state statutes,common law principles,and local housing codes.

Question 10

A landlord has the duty:

Accepted Answer

In the following situation,landlords have traditionally owed the tenant (or an appropriate third party)a duty,the breach of which could constitute a tort: If a landlord repairs leased property,he must exercise reasonable care in making the repairs.The landlord may be liable for the consequences stemming from negligently performed repairs,even if he was not obligated to perform them.

Question 11

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

Accepted Answer

Landlords commonly require tenants to make security deposits or advance payments of rent.Many cities and states have enacted statutes or ordinances designed to prevent landlord abuse of security deposits.These laws 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 12

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:

Accepted Answer

Landlords have certain obligations that are imposed by law whenever property is leased.One of these obligations stems from the landlord's implied warranty of possession.This warranty guarantees the tenant's right to possess the property for the term of the lease.

Question 13

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

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 14

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

Accepted Answer

As with rights and duties under most other types of contracts,the rights and duties under a lease may generally be assigned and delegated to third parties.Assignment occurs when the landlord or the tenant transfers all of her remaining rights under the lease to another person.

Question 15

The implied warranty of habitability in lease situations requires:

Accepted Answer

The implied warranty of habitability's content in lease settings is basically the same as in the sale of real estate: The property must be safe and suitable for human habitation.In lease settings,however,the landlord not only must deliver a habitable dwelling at the beginning of the lease but must also maintain the property in a habitable condition during the term of the lease.

Question 16

Which of the following is a tenant's right?

Accepted Answer

The tenant has the right to exclusive possession and quiet enjoyment of the property during the term of the lease.The landlord is not entitled to enter the leased property without the tenant's consent unless an emergency threatens the property or the landlord is acting under an express lease provision giving her the right to enter.

Question 17

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

Accepted Answer

The Fair Housing Act prohibits housing discrimination on the basis of race,color,sex,religion,national origin,handicap,and familial status.It prohibits discriminatory practices in various transactions affecting housing,including the rental of dwellings.Because of a perceived increase in the frequency with which landlords refused to rent to families with children,the act prohibits landlords from excluding families with children.

Question 18

To be enforceable,most states require that a lease must be in writing:

Accepted Answer

As transfers of interests in land,leases may be covered by the statute of frauds.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 19

Sam Jackson rented an apartment from Landlords Inc.Sam invited Susie Brenner over for dinner.Susie slipped on a banana peel as she entered the apartment building on the common stairway.Under these circumstances:

Accepted Answer

Landlords have a duty to use reasonable care to maintain the common areas (such as stairways,parking lots,and elevators)over which they retain control.If a tenant or a tenant's guest sustains injury as a result of the landlord's negligent maintenance of a common area,the landlord is liable.

Question 20

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

Accepted Answer

Landlords leasing property constituting a place of public accommodation (primarily commercial property as opposed to private residential property)must pay heed to Title III of the Americans with Disabilities Act.Under Title III,owners and possessors of real property that is a place of public accommodation may be expected to make reasonable accommodations,including physical modifications of the property,in order to allow disabled persons to have access to the property.

Quiz 35: Landlord and Tenant