Deck 50: Landlord-Tenant Law

Question 1

Surrender occurs when a landlord or tenant fails to perform a condition stated in the lease.

Answer 1

False

Question 2

In the landlord-tenant relationship, liability for injuries depends on the type and severity of injury.

Answer 2

False

Question 3

A landlord does not have to enter into an agreement to lease premises to an individual who has a history of not paying rent or severely damaging premises.

Answer 3

True

Question 4

The party who assumes temporary ownership of the property is the ________ in the landlord-tenant relationship.

A) Tenant or lessor
B) Lessor or lessee
C) Holder or lessor
D) Holder or lessee
E) Tenant or lessee

Question 5

If a tenant vacates prior to the expiration of the lease term, the landlord has no duty to attempt to lease the property to another party, according to federal law.

Question 6

Regarding evictions in Japan, which statement is false?

A) Before the year 2000, evictions were extremely uncommon in Japan because of laws intended to protect tenants. These laws provided automatic renewals of leases for tenants.
B) In 2000, with the passing of the Law on the Promotion of Supply of Good Quality Housing, automatic renewals of lease agreements became less common.
C) Most homes are still rented using what is called futsu shakuya keiyaku, which is a type of lease that does not have a fixed termination date.
D) Because most homes are rented without a fixed termination date, it is less common for landlords in Japan to engage in eviction.
E) When there is a conflict between a landlord and tenant, the landlord is likely to sue the tenant and take the tenant to court because Japanese courts tend to find in favor of landlords rather than tenants.

Question 7

When a tenant rents property from a landlord this property is known as a(n) ________

A) premises
B) leasehold estate
C) occupant property
D) tenant estate
E) rental area

Question 8

Rent ceilings are always illegal.

Question 9

A lease generally becomes void upon the transfer of ownership of the property.

Question 10

Surrendering property does not have to be in writing, just vacating the property is sufficient.

Question 11

Generally, a landlord may terminate the lease if the tenant assigns the lease without the landlord's consent.

Question 12

A landlord tenant relationship is one that includes an exclusive right of possession of the property.

Question 13

One of the covenants made by a lessee is a covenant of quiet enjoyment.

Question 14

When defining the relationship between landlord and tenant, the landlord is the ________ and the tenant is considered the ________.

A) lessor: lessee
B) lessee: lessor
C) holder:holdee
D) bailor: bailee
E) holdee: holder

Question 15

Which of the following was the result in Choices in Cmty. Living Inc., v. Petkus, the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act (FHA) by discriminating against the cognitively disabled in the provision of housing?

A) That the defendant did not violate the FHA because the FHA only prohibits discrimination against the physically disabled, not individuals who have cognitive disabilities.
B) That the defendant did not violate the FHA because zoning regulations prevented renting the dwelling at issue to three or more unrelated people, as requested by the plaintiffs.
C) That the defendant did not violate the FHA because of the reasonable belief on the part of the defendant that the proposed renters would commit substantial waste and damage.
D) That the defendant did not violate the FHA because the defendant established that more desirable renters than the disabled applicants at issue were willing to rent the property at issue.
E) That the defendant violated the FHA.

Question 16

A landlord who negligently made repairs to the premises can be held responsible for injuries.

Question 17

An eviction may only be full, not partial.

Question 18

Interference with a tenant's quiet enjoyment of property may be in the form of an eviction.

Question 19

The compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises is called rent.

Question 20

Long-term leases generally have a rent escalation clause.

Question 21

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

A) Because judges favored lessors.
B) Because the standard of living was lower.
C) Because land was viewed as the more important element being leased.
D) Because it was believed that the free economy should take care of such matters.
E) Because of the large need for premises to lease.

Question 22

When must a lease generally be in writing?

A) Leases must always be in writing in order to be enforceable.
B) When the lease term exceeds 9 months.
C) When the lease term exceeds 1 year.
D) When the lease term exceeds 18 months.
E) When the lease term exceeds 2 years.

Question 23

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) ________.

A) true eviction
B) an actual
C) a constructive eviction
D) An illegal eviction
E) a noticed eviction

Question 24

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

A) That the residence has been properly zoned
B) That the premises are fit for ordinary residential purposes.
C) That the premises can be used for industrial purposes.
D) That the landlord warrants the premises can support a business.
E) That the neighborhood the landlord's property is in is crime free.

Question 25

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

A) limited-term
B) temporary lease for years
C) long-term
D) yearly
E) definite-term

Question 26

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

A) lobbies
B) elevators
C) stairs
D) hallways
E) a tenant's internal doorway

Question 27

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

A) a tenant's internal hallways
B) common areas
C) adjacent parking lots
D) city owned sidewalks
E) neighbors animals

Question 28

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

A) There is no lease created.
B) This is a period-tenancy
C) This is a tenancy-at-will
D) This is a tenancy-at-sufferance
E) This is an indefinite-term

Question 29

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?

A) That the defendant had no liability to the plaintiffs because of the concept of caveat emptor.
B) That the defendant had immunity under the Communications Decency Act.
C) That the defendant could not be held liable because neither the Fair Housing Act nor the California statutes applied to tenants looking for roommates.
D) That the defendant was enabling discrimination and was not entitled to immunity under the Communications Decency Act.
E) That the defendant was liable because it required discrimination in order to use its services.

Question 30

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?

A) The court articulated the test for per se code violations.
B) The court considered how a rent escalation clause would impact the landlord-tenant relationship.
C) The court ruled that by failing to act to protect the plaintiff, the landlord was liable to the plaintiff for breach of the covenant of quiet enjoyment.
D) The court ruled that only because the lease itself placed a duty of quiet enjoyment on the landlord, the landlord had a duty to control the actions of the upstairs tenant.
E) The court contemplated the issue related to a landlord's lien in the context of the case.

Question 31

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

A) Whenever Gretchen decides since she is the tenant.
B) Whenever Manard decides since he is the landlord.
C) Either party may terminate the lease at any time.
D) Terms of this type of lease are set by state statute.
E) Within one year of the date of signing.

Question 32

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

A) illegal
B) consequential
C) negligence
D) waste
E) irresponsible

Question 33

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

A) A year or longer
B) Less than a year
C) Two years or less
D) It depends on the state
E) They are for an indefinite time period

Question 34

Regarding security deposits, which of the following is false?

A) A security deposit is typically in the amount of one month's rent.
B) At the expiration of a lease, the landlord is required to return to the tenant the security deposit minus any costs for damages caused by the tenant.
C) At the expiration of a lease, if a landlord retains any portion of the security deposit, the landlord must provide the tenant with a list of the damages.
D) Federal law determines the amount of time that the landlord has to return the security deposit to the tenant.
E) If the landlord exceeds the deadline in which to return the security deposit, the tenant can recover the deposit, plus attorney fees.

Question 35

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

A) The Housing Fairness Act
B) The Fair Housing Act.
C) United States Housing Act.
D) No Family Left Behind Act
E) Fairness in Housing Act

Question 36

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

A) Automatically at the end of the specified term.
B) 30-days after notice is given to the tenant.
C) Within 5-business days of the end of the term specified.
D) Within 24 hours of notice of termination of the lease.
E) This type of lease never expires unless the tenant and landlord agree to end the lease.

Question 37

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

A) Definite-term
B) Period-tenancy
C) Tenancy-at-will
D) Absolute tenancy
E) Tenancy-at-sufferance

Question 38

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

A) Promise of tranquility
B) Agreement of quiet
C) Covenant of quiet enjoyment
D) Contract of enjoyment
E) Contract of tranquility

Question 39

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

A) A true eviction
B) An actual eviction
C) A constructive eviction
D) A rightful eviction
E) An illegal eviction

Question 40

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

A) Leases are governed by the Common Code.
B) Leases give tenants personal contractual rights.
C) Tenants are given considerable freedom to engage in various agreements without the landlord's involvement or consent.
D) If a lease is not renewed, the tenant has the right to collect compensation.
E) In a construction lease, the tenant will be building and maintaining structures, and property rights are ceded to the tenant for the period specified in the agreement.

Question 41

Pablo is renting a commercial building from Claudia. There is a clause that allows for a yearly rent increase for property taxes and cost of living increases. This type of clause known as

A) a rent expense agreement
B) a landlord protection clause
C) a rent escalation clause
D) an inflation clause
E) a cost of doing business clause

Question 42

[Skyrocketing Rent] Ethan leased space for his health food store from Simone. After a few years, Simone decided to sell the building in which the health food store was located to Mack. Simone told Ethan that the lease would be terminated and that whether he could stay or not depended on what he could work out with Mack. Mack told Ethan that he could stay only if he paid double the amount of rent he had been paying to Simone and that if Ethan complained, the rent would go even higher. Ethan told Mack that Simone had no right to make any changes and that he had the absolute right to continue paying the same set amount to Simone until the lease expired. The lease did not address transfers.
Which statement is true regarding whether Simone had the right to sell the building to Mack?

A) Simone did not have the right to sell the building to Mack during the term of the lease; and Ethan has the right to get a court order preventing her from doing so.
B) Simone had the right to sell the building to Mack during the term of the lease only if she can establish financial exigencies.
C) Simone had the right to sell the building to Mack only if there is less than one year's time left on Ethan's lease.
D) Simone had the right to sell the building to Mack only if there is less than six months' time left on Ethan's lease.
E) Simone had the right to sell the building to Mack.

Question 43

[Skyrocketing Rent] Ethan leased space for his health food store from Simone. After a few years, Simone decided to sell the building in which the health food store was located to Mack. Simone told Ethan that the lease would be terminated and that whether he could stay or not depended on what he could work out with Mack. Mack told Ethan that he could stay only if he paid double the amount of rent he had been paying to Simone and that if Ethan complained, the rent would go even higher. Ethan told Mack that Simone had no right to make any changes and that he had the absolute right to continue paying the same set amount to Simone until the lease expired. The lease did not address transfers.
Which statement is true regarding Ethan's remark that he had an absolute right to continue paying Simone until the lease expired?

A) Ethan is correct.
B) Ethan is incorrect because while he has the right to pay the same amount, Simone has the right to assign the right to receive the payments to Mack or someone else unless the lease terms prevent her from doing so.
C) Ethan is correct only if he gave notice to Simone prior to the sale that he objected to it.
D) Ethan is correct only if there is less than one year left on his lease agreement.
E) Ethan is correct because Simone had no right to transfer ownership in the first place.

Question 44

Which of the following was the result on appeal in Douglas v. Kriegsfeld Corporation, the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?

A) The court ruled in favor of the landlord on the basis that the Fair Housing Act did not have sections requiring accommodation.
B) The court ruled in favor of the landlord on the basis that while accommodations may be required at times under the Fair Housing Act, assisting with cleaning is not one of them.
C) The court ruled in favor of the tenant on the basis that the tenant had established a reasonable basis supporting the need of reasonable accommodation in regard to cleaning.
D) The court ruled in favor of the tenant on the basis that the tenant suffered additional stress due to harassment regarding rent and that, therefore, the landlord was responsible for providing assistance with cleaning.
E) The appellate court remanded the case to the lower court to apply a test which focused on the landlord-tenant relationship, not on the impact one tenant has on other tenants, in order to determine whether the tenant was entitled to a reasonable accommodation.

Question 45

In ________, in order for a landlord to be held liable for negligence, the landlord had to have created the disputed defect.

A) England
B) France
C) Japan
D) China
E) Canada

Question 46

Injuries that occur in common areas based on negligent upkeep are generally the responsibility of whom?

A) The lessees.
B) The landlord.
C) Each lessee and the landlord would owe an amount of damages determined by dividing the total damages by the number of lessees plus the landlord.
D) The landlord would owe half of the damages and the lessees would split the other half.
E) The landlord is responsible for all injuries except those occurring in any hallway for which the lessees are liable.

Question 47

[Lease Payments] Wu operated a medical transcription business. Planning to open a second office, she rented office space from Matt. Unfortunately, her business didn't do as well as she'd expected, and she decided against opening a second office after she signed the lease. Wu was able to reach an agreement with DeAndre whereby she transferred her entire interest in the leased property to him. The agreement she had with Matt prohibited her from transferring her interest. Matt, however, accepted rent payments from DeAndre because it was the easiest course of action. DeAndre started a catering business in the space. It did well during the holiday season, but DeAndre was unable to maintain bookings and became unable to pay the rent in the spring. Matt called Wu and asked her to pay the rental payments, reminding her that she breached the lease agreement in the first place when she transferred her interest in the lease to DeAndre. Wu told Matt to forget any payments from her and hung up. Matt wants to sue Wu for the lease payments and also for breaching the lease agreement, and he also wants to sue DeAndre. Wu talks to DeAndre, who says that he also has no plans to pay Matt. DeAndre also says that he does not believe he has any liability to Wu if she pays Matt. DeAndre says that the premises were acceptable but he wants out of the catering business.
Which statement is true regarding the right of Matt to sue Wu for transferring her interests to DeAndre?

A) When he accepted rent payments from DeAndre, Matt waived any lease provision prohibiting the transfer.
B) Any such provision in the lease was void as against public policy.
C) Any such provision in the lease was unenforceable so long as DeAndre was an acceptable tenant.
D) Matt could sue Wu and win for breaching the lease agreement.
E) Matt could sue Wu and win for breaching the lease agreement only if DeAndre has committed waste on the property.

Question 48

[Lease Payments] Wu operated a medical transcription business. Planning to open a second office, she rented office space from Matt. Unfortunately, her business didn't do as well as she'd expected, and she decided against opening a second office after she signed the lease. Wu was able to reach an agreement with DeAndre whereby she transferred her entire interest in the leased property to him. The agreement she had with Matt prohibited her from transferring her interest. Matt, however, accepted rent payments from DeAndre because it was the easiest course of action. DeAndre started a catering business in the space. It did well during the holiday season, but DeAndre was unable to maintain bookings and became unable to pay the rent in the spring. Matt called Wu and asked her to pay the rental payments, reminding her that she breached the lease agreement in the first place when she transferred her interest in the lease to DeAndre. Wu told Matt to forget any payments from her and hung up. Matt wants to sue Wu for the lease payments and also for breaching the lease agreement, and he also wants to sue DeAndre. Wu talks to DeAndre, who says that he also has no plans to pay Matt. DeAndre also says that he does not believe he has any liability to Wu if she pays Matt. DeAndre says that the premises were acceptable but he wants out of the catering business.
Which statement is true regarding the right of Matt to collect rent payments from Wu?

A) Wu owes no duty to pay any rent to Matt because she validly transferred her rights and obligations under the lease.
B) Wu only owes a duty to pay Matt if DeAndre has been declared bankrupt by the bankruptcy court.
C) Wu only owes a duty to pay Matt if she agreed with DeAndre that she would do so if he became unable to pay.
D) Wu only owes a duty to pay Matt only if DeAndre committed waste on the property.
E) Wu owes a duty to pay Matt.

Question 49

[Lease Payments] Wu operated a medical transcription business. Planning to open a second office, she rented office space from Matt. Unfortunately, her business didn't do as well as she'd expected, and she decided against opening a second office after she signed the lease. Wu was able to reach an agreement with DeAndre whereby she transferred her entire interest in the leased property to him. The agreement she had with Matt prohibited her from transferring her interest. Matt, however, accepted rent payments from DeAndre because it was the easiest course of action. DeAndre started a catering business in the space. It did well during the holiday season, but DeAndre was unable to maintain bookings and became unable to pay the rent in the spring. Matt called Wu and asked her to pay the rental payments, reminding her that she breached the lease agreement in the first place when she transferred her interest in the lease to DeAndre. Wu told Matt to forget any payments from her and hung up. Matt wants to sue Wu for the lease payments and also for breaching the lease agreement, and he also wants to sue DeAndre. Wu talks to DeAndre, who says that he also has no plans to pay Matt. DeAndre also says that he does not believe he has any liability to Wu if she pays Matt. DeAndre says that the premises were acceptable but he wants out of the catering business.
The action Wu took in transferring her entire interest in the leased property to DeAndre was making ________.

A) An assignment
B) A sublease
C) A lease transfer
D) A sublet
E) A rental swap agreement

Question 50

Brauman has fallen in love and follows his love to Europe, leaving his apartment with no intent to return or pay future rents. This is known as ________.

A) abandonment
B) surrender
C) illegal breach
D) remediation
E) forfeiture

Question 51

________ is a mutual agreement between a landlord and a tenant to end the lease early.

A) Surrender
B) Negotiated settlement
C) Forfeiture
D) An accord
E) Abandonment

Question 52

If the carpet in a rental unit becomes worn, what is the tenant's responsibility?

A) A tenant is responsible to replace carpet that becomes worn.
B) The tenant will split the cost of new carpet.
C) A tenant has no duty to replace the worn carpet.
D) A tenant pays a security deposit and that deposit is only allowed for replacement carpet.
E) Tenants, by statute, are responsible for twenty-five percent of the cost of the replacement carpet.

Question 53

[Skyrocketing Rent] Ethan leased space for his health food store from Simone. After a few years, Simone decided to sell the building in which the health food store was located to Mack. Simone told Ethan that the lease would be terminated and that whether he could stay or not depended on what he could work out with Mack. Mack told Ethan that he could stay only if he paid double the amount of rent he had been paying to Simone and that if Ethan complained, the rent would go even higher. Ethan told Mack that Simone had no right to make any changes and that he had the absolute right to continue paying the same set amount to Simone until the lease expired. The lease did not address transfers.
Which statement is true regarding whether Mack has the right to raise the rent?

A) Mack had the right to double the rent, but that was the maximum amount that he could raise it.
B) Mack could raise the rent as high as he wanted, and Ethan could either pay it or move.
C) Mack could raise the rent by only a rate of 10% per year.
D) Mack did not have the right to raise the rent during the term of the lease, although Simone had the right to sell the property.
E) Mack may not raise the rent because Simone had no right to sell the property in the first place.

Question 54

Regarding the liability of a landlord, which of the following is false?

A) If an injury occurs on residential premises because of a condition that the landlord knew or should have known about, the landlord can be held responsible for the injury.
B) If the landlord is aware of a dangerous condition but does not make the tenant aware of the condition, the landlord will be responsible for any resulting injury.
C) If the landlord is aware of a dangerous condition but hides the condition from the tenant, the landlord will be responsible for any resulting injury.
D) If premises are used for commercial purposes, the landlord has a responsibility to ensure that the premises are in reasonably good condition before the tenant takes control of the property.
E) If the premises are used for commercial purposes, the landlord is responsible for maintaining the premises.

Question 55

Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease?

A) Unless prohibited by the lease agreement, both the landlord and the tenant may transfer their respective interests in the property.
B) Unless prohibited by the lease agreement, the tenant may transfer his or her interest in the property, but the interest of the landlord may not be transferred.
C) Unless prohibited by the lease agreement, the landlord may transfer his or her interest in the property, but the interest of the tenant may not be transferred.
D) If the lease is silent on the matter, neither the landlord nor the tenant may transfer his or her respective interests in the property.
E) Only if the lease is for a period of one year or more may both the landlord and the tenant transfer their respective interests in the property unless prohibited by the lease agreement.

Question 56

Which of the following references a landlord's right in some states to some or all of the tenant's personal property in the event that a tenant refuses to pay rent?

A) A landlord's lien
B) A landlord's personality
C) A tenant's personality
D) A protection lien
E) An eviction lien

Question 57

Which of the following is true regarding the obligations of the parties if leased premises are destroyed through a fire or other disaster not the fault of the landlord?

A) The lessee must continue paying rent until the premises are either rebuilt or the lease expires; but the landlord has a duty to act with reasonable speed in rebuilding the premises.
B) The tenant is released from paying rent and the lease is terminated; and unless the landlord could have prevented the disaster, the landlord generally has no duty to restore or repair.
C) The lessee must continue paying rent, and rebuilding the premises is the responsibility of the tenant if the tenant wishes to do so.
D) The lessee is excused from further rent payments until the premises are rebuilt, and the landlord has a duty to act with reasonable speed in rebuilding the premises.
E) The lessee must continue paying half the rent until the premises are either rebuilt or the lease expires; but the landlord has a duty to act with reasonable speed in rebuilding the premises.

Question 58

Jonah leases an apartment from Amy and pays rent of two months in advance, plus a damage deposit. Unfortunately, when Jonah attempts to move in, he finds that Eliza is living in the apartment. Eliza tells Jonah that Amy had no right to ask her to leave and that she is staying put. Which of the following is true, assuming that Eliza has no legal right to occupy the premises?

A) In the majority of states, the landlord is required to remove the previous tenant or break the agreement with the new tenant.
B) In a majority of states, the landlord is required to simply provide legal possession of the premises and has no responsibility to see that the previous tenant leaves.
C) In a majority of states Jonah and Amy would have to split any costs involved in removing Eliza from the premises.
D) In a majority of states, Jonah would be required to initiate legal action to remove Eliza, but he would be entitled to reimbursement from Jonah.
E) In a majority of states, Jonah could have Amy put in jail if she did not have Eliza removed within 30 days.

Question 59

[Lease Payments] Wu operated a medical transcription business. Planning to open a second office, she rented office space from Matt. Unfortunately, her business didn't do as well as she'd expected, and she decided against opening a second office after she signed the lease. Wu was able to reach an agreement with DeAndre whereby she transferred her entire interest in the leased property to him. The agreement she had with Matt prohibited her from transferring her interest. Matt, however, accepted rent payments from DeAndre because it was the easiest course of action. DeAndre started a catering business in the space. It did well during the holiday season, but DeAndre was unable to maintain bookings and became unable to pay the rent in the spring. Matt called Wu and asked her to pay the rental payments, reminding her that she breached the lease agreement in the first place when she transferred her interest in the lease to DeAndre. Wu told Matt to forget any payments from her and hung up. Matt wants to sue Wu for the lease payments and also for breaching the lease agreement, and he also wants to sue DeAndre. Wu talks to DeAndre, who says that he also has no plans to pay Matt. DeAndre also says that he does not believe he has any liability to Wu if she pays Matt. DeAndre says that the premises were acceptable but he wants out of the catering business.
Which statement is true regarding the right of Matt to collect rent payments from DeAndre?

A) Matt has no right to collect payments from DeAndre because the agreement he had with Wu prohibited her transferring any rights under the lease.
B) Matt has no right to collect payments from DeAndre unless Wu has been adjudicated bankrupt by the bankruptcy court.
C) Matt has the right to collect rent payments from DeAndre.
D) Matt has no right to collect rent payments from DeAndre unless the agreement between DeAndre and Wu gave him that right.
E) Matt has the right to collect rent payments from DeAndre unless DeAndre had not been making a profit while operating his business in the leased premises.

Question 60

If the landlord or the tenant fail to perform a condition stated in the lease, the party's breach is referred to as a(n) ________.

A) forfeiture
B) violation
C) promissory breach
D) irrevocable failure
E) surrender

Question 61

[Costly Repairs] When Emilene moved into her new office space, she noticed there was a hole in the wall with electrical wires exposed and the electricity in the unit was not working properly. She told her new landlord, Rodney, who told her it was her responsibility. She also noticed there were no sprinkler systems in the building, but she had them in her prior office and she knew they were required in her part of the city. However, Rodney told her that the building never had sprinklers and she could install them herself if she thought they were important. She also noticed that the hallway outside her office leading to the elevator had three stairs that were crumbling and very dangerous. When she told Rodney about the stairs in the hallway used by all of the tenants, he told her that she could have them fixed since they were on her floor.
If Rodney has not made Emilene's electricity repairs, can she withhold her rent until it is fixed?

A) She may withhold all the rent until the defect is fixed.
B) She may withhold all the rent in an escrow account until the defect is fixed.
C) She cannot withhold all the rent; she can withhold only the amount associated with the electricity.
D) A tenant may never withhold rent, however, she may create an escrow account for the fair market value of the rent.
E) No, a tenant's most important duty is to pay rent.

Question 62

[Costly Repairs] When Emilene moved into her new office space, she noticed there was a hole in the wall with electrical wires exposed and the electricity in the unit was not working properly. She told her new landlord, Rodney, who told her it was her responsibility. She also noticed there were no sprinkler systems in the building, but she had them in her prior office and she knew they were required in her part of the city. However, Rodney told her that the building never had sprinklers and she could install them herself if she thought they were important. She also noticed that the hallway outside her office leading to the elevator had three stairs that were crumbling and very dangerous. When she told Rodney about the stairs in the hallway used by all of the tenants, he told her that she could have them fixed since they were on her floor.
Is Rodney responsible for repairing the crumbling stairs in the common hallway?

A) Yes, but only if the landlord had paid for the installation of the stairs.
B) Yes, because the stairs are in the common area of the property.
C) Yes, but only if all tenants use the stairs equally.
D) No, because the tenants of that floor are responsible for paying the repair cost to the stairs.
E) No, the tenants can create a common fund from which repairs to common areas can be paid.

Question 63

[Overstaying Tenants] Curtis signs a lease with Ricardo for Curtis to rent a storefront for his costume shop starting on the first of March. After Ricardo gives Curtis the key on March 1, Curtis learns that the previous tenant, a t-shirt business, has not moved out. Curtis tells Ricardo that he is responsible for removing the t-shirt business from the storefront; however, after several weeks of waiting for possession, Curtis tells Ricardo that he wants his money back for the time he waited and breaks the lease.
Who is responsible for removing the previous tenant?

A) The landlord and new tenant are jointly responsible for removing the previous tenant.
B) The landlord is always required to remove the previous tenant.
C) In the majority of the states, the landlord is required to remove the previous tenant.
D) In the majority of the states, the landlord is required to simply provide legal possession of the premises, and thus the new tenant is responsible for removing the previous tenant.
E) The new tenant is responsible for removing the previous tenant.

Question 64

[Overstaying Tenants] Curtis signs a lease with Ricardo for Curtis to rent a storefront for his costume shop starting on the first of March. After Ricardo gives Curtis the key on March 1, Curtis learns that the previous tenant, a t-shirt business, has not moved out. Curtis tells Ricardo that he is responsible for removing the t-shirt business from the storefront; however, after several weeks of waiting for possession, Curtis tells Ricardo that he wants his money back for the time he waited and breaks the lease.
If the previous tenant continues to pay rent beyond the term of his lease, what type of lease is created?

A) A tenancy-at-suffrage.
B) A tenancy-at-sufferance.
C) A tenancy-at-will.
D) A periodic-tenancy.
E) A definite-term lease.

Question 65

[Rent Dispute] Willa and Jessica are negotiating a lease with Jeri, who owns an apartment building. Jeri offers them a lease from March 1 until February 28 of the following year. However, Willa and Jessica do not want to be locked into a year lease and tell Jeri they prefer to pay each month they intend to live in the apartment. Jeri tells them she's tired of renting to people of their race and refuses to rent them the apartment.
What type of lease did Jeri want to enter?

A) A definite-term lease
B) A periodic-tenancy lease
C) A tenancy-at-will lease
D) A tenancy-at-sufferance lease
E) A monthly-term lease

Question 66

[Costly Repairs] When Emilene moved into her new office space, she noticed there was a hole in the wall with electrical wires exposed and the electricity in the unit was not working properly. She told her new landlord, Rodney, who told her it was her responsibility. She also noticed there were no sprinkler systems in the building, but she had them in her prior office and she knew they were required in her part of the city. However, Rodney told her that the building never had sprinklers and she could install them herself if she thought they were important. She also noticed that the hallway outside her office leading to the elevator had three stairs that were crumbling and very dangerous. When she told Rodney about the stairs in the hallway used by all of the tenants, he told her that she could have them fixed since they were on her floor.
Is Rodney responsible for installing sprinkler systems to the rental unit?

A) Yes, if a city health and safety law requires the installation of sprinklers, the landlord is required to pay for it.
B) Yes, if the tenant requests the installation of sprinklers or other safety mechanisms, the landlord is required to pay for it.
C) Yes, the landlord is required to pay the cost of safety features that do not exceed the cost of one month's rent.
D) No, landlords are not required to pay the cost of safety features, but the tenant must receive permission for installation.
E) No, in general, it is the responsibility of the tenant, not the landlord to install safety features onto the property.

Question 67

[Overstaying Tenants] Curtis signs a lease with Ricardo for Curtis to rent a storefront for his costume shop starting on the first of March. After Ricardo gives Curtis the key on March 1, Curtis learns that the previous tenant, a t-shirt business, has not moved out. Curtis tells Ricardo that he is responsible for removing the t-shirt business from the storefront; however, after several weeks of waiting for possession, Curtis tells Ricardo that he wants his money back for the time he waited and breaks the lease.
What options does the landlord have with regard to the tenant who refuses to leave the premises?

A) The landlord can permit the tenant to remain on the property.
B) The landlord can demand repossession.
C) The landlord can permit the tenant to remain on the property while a new tenant takes possession.
D) The landlord can permit the tenant to remain on the property or demand repossession.
E) In the majority of the states, the landlord can sign a lease with a new party and the new party can assert its right to possession.

Question 68

[Rent Dispute] Willa and Jessica are negotiating a lease with Jeri, who owns an apartment building. Jeri offers them a lease from March 1 until February 28 of the following year. However, Willa and Jessica do not want to be locked into a year lease and tell Jeri they prefer to pay each month they intend to live in the apartment. Jeri tells them she's tired of renting to people of their race and refuses to rent them the apartment.
Can Jeri refuse to rent to Willa and Jessica because of their race?

A) Yes, the Fair Housing Act only covers actual tenants, not prospective tenants.
B) Yes, although the Fair Housing Act prohibits a landlord from discriminating on the basis of race, color, disability, and national origin, religion is not a protected classification.
C) Yes, as long as Jeri assists in finding them adequate and comparable housing.
D) No, Willa and Jessica's remedy is to complain to their local city council.
E) No, Willa and Jessica can bring suit against Jeri under the Fair Housing Act for discrimination.

Question 69

Hiram has a commercial lease for his store. A floor tile had become loose, but Hiram never got around to fixing it. A customer tripped and suffered a broken hip and sued. Who is responsible for the injury?

A) Hiram is responsible because he was negligent in keeping the premises in good condition.
B) The landlord is responsible because he was negligent in keeping the premises in good condition.
C) The landlord is responsible if the injury occurred in the common areas.
D) Hiram and the landlord are equally responsible.
E) Hiram is 60% responsible and the landlord is 40% responsible.

Question 70

[Overstaying Tenants] Curtis signs a lease with Ricardo for Curtis to rent a storefront for his costume shop starting on the first of March. After Ricardo gives Curtis the key on March 1, Curtis learns that the previous tenant, a t-shirt business, has not moved out. Curtis tells Ricardo that he is responsible for removing the t-shirt business from the storefront; however, after several weeks of waiting for possession, Curtis tells Ricardo that he wants his money back for the time he waited and breaks the lease.
Fellar is renting a house from Marland. Fellar does not like the cherry blossom trees in the back yard. If she cuts the trees down without permission from Marland, this is considered ________

A) waste.
B) use and enjoyment of the property.
C) breach of the lease.
D) quiet enjoyment of the property.
E) an illegal alteration.

Question 71

[Lease Payments] Wu operated a medical transcription business. Planning to open a second office, she rented office space from Matt. Unfortunately, her business didn't do as well as she'd expected, and she decided against opening a second office after she signed the lease. Wu was able to reach an agreement with DeAndre whereby she transferred her entire interest in the leased property to him. The agreement she had with Matt prohibited her from transferring her interest. Matt, however, accepted rent payments from DeAndre because it was the easiest course of action. DeAndre started a catering business in the space. It did well during the holiday season, but DeAndre was unable to maintain bookings and became unable to pay the rent in the spring. Matt called Wu and asked her to pay the rental payments, reminding her that she breached the lease agreement in the first place when she transferred her interest in the lease to DeAndre. Wu told Matt to forget any payments from her and hung up. Matt wants to sue Wu for the lease payments and also for breaching the lease agreement, and he also wants to sue DeAndre. Wu talks to DeAndre, who says that he also has no plans to pay Matt. DeAndre also says that he does not believe he has any liability to Wu if she pays Matt. DeAndre says that the premises were acceptable but he wants out of the catering business.
If Wu pays Matt, does she have any rights to receive reimbursement from DeAndre?

A) No, because she has no legal liability and is acting as a volunteer.
B) No, because only Wu is liable on the assignment.
C) Yes, but she would only be entitled to recover one half of the amounts because she and DeAndre are jointly liable to Matt.
D) Only if DeAndre specifically agreed by contract when he accepted the premises to reimburse her.
E) Yes, Wu would have a right of reimbursement from DeAndre.

Question 72

[Climate-Control Conflict] Pablo rented space for his personal training business from Natalia. Natalia and Pablo have an ongoing dispute regarding the air conditioning. Pablo wants a new unit because he says the old one needs repairs too often, but Natalia says that the old unit is fine. One day after a particularly fierce dispute, Pablo comes to work to find that the aerobics room and weight lifting room, areas with air conditioning problems, have been padlocked. Pablo is furious and calls Natalia who tells him that if the areas are so bad, then he should just stay out. Pablo immediately rents different space in a nearby building and moves his business.
What promise in the lease did Natalia breach, if any?

A) None
B) The covenant of real use
C) The covenant of advantageous business practices
D) The covenant of fair use
E) The covenant of quiet enjoyment

Question 73

[Climate-Control Conflict] Pablo rented space for his personal training business from Natalia. Natalia and Pablo have an ongoing dispute regarding the air conditioning. Pablo wants a new unit because he says the old one needs repairs too often, but Natalia says that the old unit is fine. One day after a particularly fierce dispute, Pablo comes to work to find that the aerobics room and weight lifting room, areas with air conditioning problems, have been padlocked. Pablo is furious and calls Natalia who tells him that if the areas are so bad, then he should just stay out. Pablo immediately rents different space in a nearby building and moves his business.
________ is the proper term for the action Natalia took in locking Pablo out of the areas.

A) Reasonable action
B) Full eviction
C) Partial eviction
D) Constructive eviction
E) True eviction

Question 74

[Costly Repairs] When Emilene moved into her new office space, she noticed there was a hole in the wall with electrical wires exposed and the electricity in the unit was not working properly. She told her new landlord, Rodney, who told her it was her responsibility. She also noticed there were no sprinkler systems in the building, but she had them in her prior office and she knew they were required in her part of the city. However, Rodney told her that the building never had sprinklers and she could install them herself if she thought they were important. She also noticed that the hallway outside her office leading to the elevator had three stairs that were crumbling and very dangerous. When she told Rodney about the stairs in the hallway used by all of the tenants, he told her that she could have them fixed since they were on her floor.
Can Emilene hire a contractor to repair the electricity and have the landlord pay for the repair?

A) Yes.
B) Yes, but only if she notifies Rodney first and he refuses to make the repairs.
C) Yes, she may deduct the costs of the repairs so long as she provides the bill after the repair is completed.
D) No, she may deduct the costs of the repairs so long as the repair is for essential services such as electricity and she provides the bill after the repair is completed.
E) No, Rodney must select the contractor to have the repairs done as he is the owner of the property.

Question 75

[Costly Repairs] When Emilene moved into her new office space, she noticed there was a hole in the wall with electrical wires exposed and the electricity in the unit was not working properly. She told her new landlord, Rodney, who told her it was her responsibility. She also noticed there were no sprinkler systems in the building, but she had them in her prior office and she knew they were required in her part of the city. However, Rodney told her that the building never had sprinklers and she could install them herself if she thought they were important. She also noticed that the hallway outside her office leading to the elevator had three stairs that were crumbling and very dangerous. When she told Rodney about the stairs in the hallway used by all of the tenants, he told her that she could have them fixed since they were on her floor.
Is Rodney correct that he is not responsible for the hole in the wall and the malfunctioning electricity?

A) Yes, the implied warranty of habitability does not require the landlord to be responsible for repairs to major defects in the rental property.
B) Yes, the implied warranty of habitability generally does not require the landlord to bear the cost of defects in the rental property.
C) No, but Rodney is only responsible for repairs up to the cost of 10% of the month's rent.
D) No, the implied warranty of habitability generally ensures that the landlord is responsible for all repairs in the rental property.
E) No, the implied warranty of habitability generally ensures that the landlord is responsible for repairs to major defects in the rental property.

Question 76

[Rent Dispute] Willa and Jessica are negotiating a lease with Jeri, who owns an apartment building. Jeri offers them a lease from March 1 until February 28 of the following year. However, Willa and Jessica do not want to be locked into a year lease and tell Jeri they prefer to pay each month they intend to live in the apartment. Jeri tells them she's tired of renting to people of their race and refuses to rent them the apartment.
What type of lease did Jessica and Willa want to enter?

A) A definite-term lease
B) A periodic-tenancy lease
C) A tenancy-at-will lease
D) A tenancy-at-sufferance lease
E) A monthly-term lease

Question 77

In Nari's state, a landlord has thirty days to return a security deposit. If Nari's landlord fails to return her security deposit and Nari files suit, what remedy might Nari be entitled to recover?

A) Nari is only entitled to recover the cost of her security deposit, so long as there was no damage.
B) The security deposit, plus punitive and compensatory damages, plus attorney fees.
C) The security deposit, plus punitive and compensatory damages.
D) The security deposit, plus punitive damages.
E) The security deposit, plus attorney fees.

Question 78

[Climate-Control Conflict] Pablo rented space for his personal training business from Natalia. Natalia and Pablo have an ongoing dispute regarding the air conditioning. Pablo wants a new unit because he says the old one needs repairs too often, but Natalia says that the old unit is fine. One day after a particularly fierce dispute, Pablo comes to work to find that the aerobics room and weight lifting room, areas with air conditioning problems, have been padlocked. Pablo is furious and calls Natalia who tells him that if the areas are so bad, then he should just stay out. Pablo immediately rents different space in a nearby building and moves his business.
What rights does Pablo have against Natalia?

A) Only the right to withhold rent.
B) Only the right to bring suit against Natalia for damages.
C) Only the right to bring suit against Natalia for breach of contract.
D) The right to not pay rent, and the right to bring suit against Natalia for damages or breach of contract.
E) He has no rights unless he can prove that he at all times had acted reasonably toward Natalia in the air conditioning dispute.

Question 79

Jimi allows Petra to live in his apartment building so long as Petra provides the landscaping on Jimi's buildings. Frederick, Jimi's brother, claims this arrangement is illegal and Petra should leave. Is Frederick correct?

A) No, Frederick is incorrect because Petra may stay in the apartment if the illegality is cured.
B) Yes, because rent is an integral part of the landlord-tenant relationship.
C) Yes, Petra should be evicted for failure to pay rent.
D) No, rent can be paid in various forms, such as money or services to the landlord.
E) Yes, rent consists of a monetary form of payment.

Question 80

Can a tenant hang wallpaper and paint rooms without the landlord's consent?

A) In most states, tenants may make alterations without the landlord's consent.
B) In most states, tenants cannot make alterations, changes that affect the condition of the premises, without the landlord's consent.
C) Tenants may make alterations without the landlord's consent so long as the alterations enhance the condition of the premises.
D) Tenants may make alterations without the landlord's consent so long as the alterations increase the fair market value of the premises.
E) Tenants may make alterations without the landlord's consent as long as the alterations are necessary and do not reduce the value of the property.