Deck 51: Leases

Question 1

The covenant of quiet enjoyment protects the tenant from interference with possession by the landlord or the landlord's agent, and it also imposes liability on the landlord for the unlawful acts of third persons.

Answer 1

False

Question 2

In almost all states, a periodic tenancy is implied if the tenant, with the consent of the landlord, stays in possession of the property after a tenancy for years.

Answer 2

True

Question 3

An act or omission of the landlord that substantially deprives the tenant of the use and enjoyment of the premises is a constructive eviction.

Answer 3

True

Question 4

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

Question 5

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 6

If a leased building is destroyed, the lease is not terminated, and the landlord has a duty to restore the building to its former condition.

Question 7

The rights and duties of the landlord and tenant are based on principles of real estate law and contract law.

Question 8

When a tenant is deprived of the possession, use, and enjoyment of the premises by a third party, an eviction has occurred.

Question 9

When the time for payment of rent is not fixed by the lease, rent is generally held to be due in advance.

Question 10

The relationship of landlord and tenant is always created by an express contract.

Question 11

A lease is the relationship by which one person is in lawful possession of real property owned by another.

Question 12

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

Question 13

When a lease runs for an indefinite period, which may be terminated at any time by the landlord or the tenant, a tenancy at will exists.

Question 14

Unless restricted in the lease, a tenant may generally use the premises for any lawful purpose for which they are adapted.

Question 15

A lease provision requiring a tenant to obey regulations that may be subsequently adopted by the landlord is void because it is unconscionable.

Question 16

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

Question 17

A tenant cannot claim that there has been a constructive eviction if the tenant continues to occupy the rented premises.

Question 18

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 19

Under the common law, the reason a landlord terminates a lease by notice is immaterial.

Question 20

Generally, the tenant has the right to the exclusive possession of the premises during the term of the lease.

Question 21

If a landlord agrees to a subletting by a tenant, the tenant is released from all further liability on the original lease.

Question 22

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 the landlord is entitled to only one satisfaction of the amount due under the lease
D) the landlord can collect from both the assignor and the assignee

Question 23

In the absence of an agreement to the contrary, a tenant is not liable for increased taxes imposed on the rented property by a general tax increase.

Question 24

Making improvements is a duty that falls on the tenant.

Question 25

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 26

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 27

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 28

A landlord is ordinarily not liable to third persons injured because of the condition (not existing at the time the lease was created) of any part of the rented premises that is in the possession of a tenant by virtue of a lease.

Question 29

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 30

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) terminates the lease, subject to the express approval of the landlord.
D) has no effect on the tenant's obligation to pay the total amount stipulated in the lease, since the landlord is entitled to the entire lease amount pursuant to contract law.

Question 31

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 and the facts demonstrate that application of such a clause is appropriate
D) if the lessor's taxes on the rented property are increased.

Question 32

When 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 33

Under the common law and the majority rule, a landlord has no duty to mitigate damages when the tenant abandons the premises before the expiration of the lease.

Question 34

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 35

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

Question 36

Ordinarily, the landlord is not liable to the tenant for crimes committed on the premises by third persons, such as when a third person enters the premises and commits larceny or murder.

Question 37

A term of a lease required that the landlord provide exterminating services monthly to control rats and other pests. The landlord failed to do this despite numerous requests placed by the tenant, and the premises became overrun by rats. This may be considered:

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

Question 38

In a residential lease, it is commonly held that there is an implied warranty of habitability.

Question 39

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 40

A tenant in possession has control of the property and is therefore liable when the tenant's failure to use due care under the circumstances causes harm to licensees or invitees.

Question 41

A landlord who sells his property transfers the __________ interest in the leased premises to the buyer.

A) diversionary
B) reversionary
C) subversionary
D) reciprocal

Question 42

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 43

If taxes or assessments on leased premises are increased because of improvements made by the tenant that remain with the property, the:

A) landlord is liable for such increases.
B) landlord is liable for such increases only if the tenant was under a duty to make the improvements.
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 liable for such increases.

Question 44

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 45

Arnold Properties, Inc. had 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 46

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 47

Which of the following is an example of a legal restriction that may be imposed on a tenant's deposit?

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) all of the above

Question 48

Igor immigrated to the United States and sought to rent an apartment. Knowing little of the English language and the neighborhoods of the city, Igor answered an advertisement in a newspaper and signed a lease for an apartment without ever seeing the apartment. After Igor received the keys and went to 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 improve.
C) most likely constitute a breach of the implied warranty of habitability.
D) do not entitle Igor to vacate the premises.

Question 49

A tenant in possession has control of the property and is liable when his or her failure to use due care under the circumstances causes harm to:

A) invitees.
B) licensees.
C) trespassers.
D) a. or b.

Question 50

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.

Question 51

Under the modern view, a residential lease:

A) must contain an escalation clause.
B) includes an implied warranty of habitability.
C) must be a tenancy for years.
D) cannot be a tenancy at will.

Question 52

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 53

In which of the following situations would a third party acquire greater rights than the original lessee?

A) an assignment
B) a sublease
C) a. and b.
D) neither a. nor b.