Deck 50: Leases

Question 1

Interference occurs when a landlord changes the locks and does not give the tenant a key.

Answer 1

True

Question 2

Except in the case of a tenancy at will, a lease is generally not terminated by the death, insanity, or bankruptcy of either party

Answer 2

True

Question 3

If the sewer continually backed up through the toilets in the rented premises, the tenant could claim constructive eviction, but would be able to stay until the landlord fixed it.

Answer 3

False

Question 4

Renewal provisions in a lease are strictly construed against the tenant.

Question 5

If a leased building is destroyed, the lease is not terminated until proper notice is given.

Question 6

For a tenant to claim constructive eviction she must also physically vacate the premises.

Question 7

The covenant of quiet enjoyment imposes liability on the landlord for the unlawful acts of third persons.

Question 8

The relationship of landlord and tenant is always created by a written contract.

Question 9

A tenancy for years terminates at the expiration of the specified term, regardless of whether one party gives the other any notice of termination.

Question 10

A tenancy at will exists when a tenant has a lease with an indefinite duration and pays annual, monthly, or weekly rent.

Question 11

A provision in a residential lease stating that the landlord cutting off heat or water will not constitute an eviction is unconscionable.

Question 12

The assignment of a lease discharges the original tenant from the duty to pay rent.

Question 13

In a lease agreement, the lessor is the landlord, and the lessee is the tenant.

Question 14

A tenancy at sufferance describes a tenancy that can be terminated at any time upon proper notice.

Question 15

A tenancy at sufferance is one under which the tenant has a lease that runs for a definite duration.

Question 16

The rights and duties of the landlord and tenant are based on equitable principles of common law.

Question 17

A tenant has the absolute right to use the premises for any purpose.

Question 18

The lessor has the right to the exclusive possession of the premises during the term of the lease.

Question 19

If the tenant uses the property for any purpose other than the one specified in the lease, the landlord has the option to declare the lease terminated.

Question 20

A provision in a lease giving the landlord the right to terminate the lease by notice is strictly construed against the tenant.

Question 21

A landlord has the right to enter a leased property to make emergency repairs without notifying the tenant.

Question 22

A landlord is not liable to the tenant for crimes committed on the premises by third persons, unless they are reasonably foreseeable.

Question 23

A tenancy for an indefinite time period that may be terminated at any time by landlord or tenant is called a tenancy: __________.

A) at will.
B) for years.
C) at sufferance.
D) from year to year.

Question 24

A provision in a residential lease stating that the landlord cutting off heat or water will not constitute an eviction is: __________.

A) valid.
B) a stipulation.
C) a covenant.
D) unconscionable.

Question 25

If a lease is assigned, who is liable for the rent?

A) the assignor
B) the assignee
C) either the assignor or the assignee, but not both
D) the landlord can collect from both the assignor and the assignee

Question 26

A tenant always has an implied duty to make repairs to the premises.

Question 27

Under the growing minority rule, if a tenant abandons the premise before the expiration of the lease a landlord has no duty to mitigate damages and find another tenant.

Question 28

Unless agreed otherwise, a tenant is generally not liable for increased rent due to increased taxes imposed on the rented property.

Question 29

Failure of a landlord to provide pest control as stated in the lease, despite numerous requests from tenants, is tantamount to: ___________.

A) a breach of the covenant of quiet enjoyment.
B) a physical eviction.
C) active waste.
D) a constructive eviction.

Question 30

A sublease and an assignment of a lease accomplish the same results.

Question 31

A lessor can always refuse to renew the lease of a tenant who reports the landlord to the fire department for violation of fire safety laws.

Question 32

In a lease agreement, the person who owns the real property and permits the occupation of the premises is known as the __________, and the person who occupies the property is known as the __________.

A) lessor; lessee
B) lessee; lessor
C) grantor; grantee
D) grantee; grantor

Question 33

Rent is automatically increased:

A) if the lessor makes expensive improvements to the property.
B) when the cost of living increases.
C) if the lease contains an escalation clause.
D) if the lessor's taxes on the rented property are increased.

Question 34

Many states provide that a lease for a term exceeding __________ must be in writing.

A) three (3) months
B) six (6) months
C) one (1) year
D) three (3) years

Question 35

An express promise by a landlord to not disturb the tenant's possession of the land is known as the covenant of: __________.

A) domesticity.
B) tranquil possession.
C) quiet enjoyment.
D) unfettered use.

Question 36

A provision in a residential lease excusing a landlord from liability for damage caused by water, snow, or ice is void.

Question 37

When a lease covers rooms or an apartment in a building, a destruction of the leased premises: __________.

A) temporarily suspends the tenant's obligation to pay rent.
B) terminates the lease.
C) requires the landlord to repair or restore the property.
D) has no effect on the obligations of the tenant or the landlord.

Question 38

Suppose Johnny (a guest) comes to visit Maria at her apartment. For weeks the tenants have been complaining about 'wobbly' hand railings on the stairs, but the landlord has not fixed them. While climbing the stairs Johnny falls off and is seriously injured. True of False: the landlord is not liable in this case.

Question 39

If a tenant remains in possession after the termination of the lease without permission of the landlord, the landlord may treat the tenant as either a trespasser or a tenant. Until the landlord elects to do one or the other, a tenancy __________ exists.

A) at sufferance
B) at will
C) for years
D) from year to year

Question 40

For an implied warranty of habitability to be enforceable, it must be mentioned in the residential lease.

Question 41

All of the following are examples of legal restrictions that may be imposed on a tenant's deposit except: ___________.

A) A statutory limitation on the amount of the deposit.
B) A requirement that the landlord hold the deposit in a trust fund.
C) A requirement that the landlord pay interest for the period the deposit is held.
D) A requirement that the landlord can use the security deposit for back rent.

Question 42

In the event a tenant breaches the lease, a landlord has all of the following remedies except: ___________.

A) selling the tenant's personal property.
B) landlord's lien.
C) recovery of possession.
D) suit for rent.

Question 43

While a landlord cannot lock out a tenant for overdue rent, he can initiate a summary legal procedure called ____________ to regain possession even if the lease expressly gives the landlord the right to self-help.

A) URLTA Summary Eviction process.
B) forcible entry and retainer.
C) Fair Housing Eviction Act.
D) forcible entry and detainer

Question 44

Arnold Properties, Inc. entered into a lease agreement with Janet for a residential house. Janet made four (4) subsequent monthly payments. At the end of the four (4) months, Janet learned that she was to be transferred to a new job in another state. Janet approached her landlord and explained her situation. The landlord was unsympathetic and refused to release Janet from her rent. The landlord insisted on enforcement of rental payment for the duration of the lease, which was for one (1) year. Janet had not provided for a release in her lease to cover the possibility of a job transfer. Must Janet pay for the remaining eight (8) months of rent even if she is not in physical possession of the property?

Question 45

Igor immigrated to the United States and sought to rent an apartment. He answered an advertisement in a newspaper and signed a lease for an apartment without ever seeing the apartment. Igor found the premises filled with an abundance of debris, rats and insects. Also, the plumbing in the apartment was inoperable. These conditions: ___________.

A) do not affect the lease unless the landlord affirmatively warranted the condition of the premises.
B) are the responsibility of the tenant to repair.
C) most likely constitute a breach of the implied warranty of habitability.
D) do not entitle Igor to vacate the premises.

Question 46

A __________ action restores the property to the landlord's possession unless the tenant complies with payment requirements.

A) forcible entry and detainer
B) forcible exit and retainer
C) passive entry and detainer
D) passive exit and retainer

Question 47

If taxes or assessments on leased premises are increased because of improvements made by the tenant the: ___________.

A) landlord is only liable for such increases if the improvements stay with the property.
B) landlord is liable for such increases whether or not the improvements stay with the property.
C) landlord is liable for such increases only to the extent that the improvements actually increase the fair market value of the property.
D) tenant is always liable for such increases.

Question 48

A landlord is most likely liable to a tenant who is injured by:

A) a defective condition of the leased premises that is under the control of the tenant.
B) an obvious condition of the leased premises known to the tenant at the time the lease was made.
C) an unforeseeable criminal act of a third person.
D) the criminal act of a third person, when such conduct was reasonably foreseeable.

Question 49

A provision in a residential lease excusing a landlord from liability for damage caused by water, snow, or ice is __________.

A) enforceable
B) enforceable, but only in those areas of the United States that are unusually exposed to adverse weather conditions
C) void
D) voidable

Question 50

Roberts leased a duplex from Hughes. Later, without Hughes' knowledge, Roberts sublet half of the duplex to Carrera. Carrera did not take proper care of the premises and her part of the duplex was substantially damaged as a result of her negligent use and abuse. Upon discovering the situation, Hughes notified Roberts that he was holding him responsible for any and all damages to Carrera's portion of the duplex, and that Roberts was to bear the costs of returning the premises to the original state of repair. Roberts replied that he had sublet to Carrera in good faith, had no further dealings with Carrera after the sublet agreement, had no knowledge of negligence, and could not be held liable for damages caused by another. Can Roberts be held liable?

Question 51

If a tenant fails to pay rent on time the landlord: __________.

A) has an automatic lien on the tenant's personal property for the money due.
B) has the right to lock the tenant out of the property.
C) may take legal steps to evict the tenant.
D) may use the security deposit to pay the tenant's rent.

Question 52

If Joan transfers her entire lease to Jim, a third party, she has ___________ her lease and she __________ for further rent payments and any restrictions in the lease will be construed in favor of the _________.

A) subleased, remains liable, landlord.
B) assigned, remains liable, landlord.
C) assigned, is not liable, tenant.
D) assigned, remains liable, tenant.

Question 53

Morris rented an apartment in a relatively safe neighborhood of a major city. The door to Morris' apartment had two locks, and one of these was of the deadbolt variety designed to prevent burglaries. Morris left for work and engaged both locks. When Morris returned from work, Morris found that a burglar had broken into the apartment by forcibly breaking the locks. Morris sustained a substantial loss of money and property from this burglary. Morris notified the building superintendent and the owner who had the locks repaired. The attempted repairs were not entirely successful, inasmuch as the locks did not properly lock on some occasions. This enabled the door to be readily opened whenever anyone pushed against the door. Morris complained frequently about the condition of the locks, but the owner would take no further action regarding them. Finally, a burglar again broke into Morris' apartment, stealing substantial sums. This time, there was no breaking of the locks. The evidence was that the locks were not working properly at the time of the burglary. Morris sued the owner for the losses from the two burglaries. Decide.