Deck 25: Landlord and Tenant

Question 1

The principal of constructive eviction is applicable only to commercial property.

Answer 1

False
Explanation: The doctrine of constructive eviction applies to both residential and commercial property.

Question 2

A landlord who fails to maintain reasonable security may face liability for injuries sustained by those who are criminally attacked on the property.

Answer 2

True
Explanation: The duty of care landlords owe tenants has been held to include the duty to take reasonable steps to protect tenants from foreseeable criminal conduct.

Question 3

An implied warranty of habitability in the leased property makes the landlord the insurer of the tenant's safety.

Answer 3

False
Explanation: An implied warranty of habitability,as the name implies,makes the landlord responsible for making the residential premises habitable.

Question 4

Regardless of whether the parties' written lease clearly so specifies,the landlord makes an implied warranty of possession.

Question 5

Modern day law states that if a landlord has a lien on the tenant's personal property,the landlord can remove or hold such property of the tenant.

Question 6

The tenant will generally be held harmless if an individual is injured on the leased property.

Question 7

International law regulates lease terms in the United States.

Question 8

When a tenant remains in possession of the property after the expiration of a lease,a tenancy at will occurs.

Question 9

A lease is a contract where the owner of property (called the landlord),conveys title to the property to a buyer (called a lessee).

Question 10

Debra allowed Frank to stay in the guesthouse located at the rear of her property.Debra and Frank never discussed rental terms.It is very likely a tenancy at will has been created.

Question 11

The Fair Housing Act prohibits housing discrimination on the basis of race.

Question 12

As per the traditional rule,landlords had no legal responsibility for the condition of the leased property.

Question 13

Under a tenancy at will,property is leased for an indefinite period of time with an agreement to pay rent regularly.

Question 14

If a lessee is on a month-to-month lease and can terminate the lease at any time with notice,the lease is called a periodic tenancy.

Question 15

According to the majority of states,if a tenant abandons the leased property before the expiration of the lease,the landlord has a duty to mitigate damages.

Question 16

As in the case of an assignee,the sublessee also acquires similar rights and duties under the lease between the landlord and the tenant.

Question 17

Tenants are responsible for the routine care to and upkeep of the rental property.

Question 18

The implied warranty of habitability requires landlords to maintain residential rental property in a statutorily defined,habitable condition during the term of the lease.

Question 19

Under the doctrine of constructive eviction,a tenant may terminate a lease because the condition of the property is unsuitable for the purposes for which it was leased.

Question 20

In most states,if a rental agreement is for an indefinite period of time,landlords must give reasonable advance notice to the tenant before exercising the right to terminate the tenancy.

Question 21

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?

A)$500,because wear and tear is the responsibility of the tenant.
B)Nothing;Tanya should replace the carpet before moving out.
C)Nothing,because the wear and tear here was ordinary and reasonable.
D)The entire value of the carpet,i.e. ,$1,000.

Question 22

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?

A)Yes,because he is the owner and has the right to refuse a lease.
B)Yes,because he has a valid reason for the refusal.
C)No,because Scarlett and Mark have promised to pay rent on time.
D)No,because this blatant discrimination is prohibited by the law.

Question 23

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

A)Tenancy for a term
B)Tenancy at sufferance
C)Tenancy at will
D)Periodic tenancy

Question 24

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

A)estate
B)assignment
C)tenancy
D)lease

Question 25

Leases are regulated by what government entity/laws?

A)International treaties and international organizations
B)Federal government and the U.S.Constitution
C)State and Local
D)Native American tribal governments

Question 26

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:

A)win the case because Wheiler is the owner of the damaged premises.
B)win the case because property leased for commercial purposes is the owner's responsibility.
C)lose the case because the implied warranty of habitability is not applicable.
D)lose the case because Wheiler has no responsibility to maintain his premises.

Question 27

The common law held that landlords:

A)did not have the right to evict tenants for nonpayment of rent.
B)needed to make necessary repairs of their leased premises.
C)were responsible for the injuries caused to the tenant due to their negligence.
D)made no implied warranties about the quality of the leased premises.

Question 28

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

A)It aids landlords to evict tenants who default on rents.
B)It aids tenants to vacate property that is unsuitable.
C)It requires no legal notice,either before or after eviction.
D)It applies only to residential property.

Question 29

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?

A)Action for damages measured by the diminished value of the leasehold
B)Termination of the lease when the breach is substantial to constitute a material breach
C)Rent abatement to reflect the actual value of the leasehold in its defective condition
D)Request an injunction

Question 30

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

A)periodic tenancy
B)tenancy at sufferance
C)tenancy at will
D)month-to-month tenancy

Question 31

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:

A)a tenancy for years.
B)a month-to-month tenancy.
C)a tenancy at will.
D)a tenancy at sufferance.

Question 32

Which of the following is true of leases in general?

A)Provisions of extensions should be drafted separately.
B)Long-term leases need to be carefully drafted.
C)They are the most important in matters of residential property.
D)There are no laws regulating leases,only local housing codes.

Question 33

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?

A)A tenancy at will
B)A tenancy at sufferance
C)A periodic tenancy
D)A fee simple tenancy

Question 34

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

A)If the landlord intends to retain part,but not all,of the tenant's security deposit,the landlord complies with applicable legal requirements if he verbally notifies the tenant of that intent.
B)The landlord is not entitled to use any part of the security deposit to cover the cost of remedying ordinary wear and tear that occurred during the tenant's occupation of the property.
C)The landlord must always place the security deposit in an interest-bearing account.
D)As a general rule,security deposits are generally nonrefundable unless the tenant makes a convincing written showing of why part or all of the security deposit should be refunded to him or her.

Question 35

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?

A)No,because the law allows handicapped tenants to make reasonable modifications.
B)No, because tenants have the right to do what they like during the lease period.
C)Yes, because Samuel should find something suitable for him.
D)Yes, because she is the owner and has supreme rights over her property.

Question 36

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?

A)Teresa must bring an eviction action against Paul.
B)Teresa must wait for Paul to vacate the premises at his convenience.
C)Len breached the implied warranty of possession.
D)Len and Teresa have created a periodic tenancy.

Question 37

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?

A)Mark is liable to Bill under the implied warranty of quiet enjoyment.
B)Bill cannot recover damages from either Mark or his neighbors.
C)The neighbors have the right to live as they wish to.
D)Bill cannot use the remedy of constructive eviction since he has leased residential.property.

Question 38

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

A)Leasehold Estate
B)Freehold Estate
C)Life Estate
D)Joint Tenancy

Question 39

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

A)It should be in writing.
B)It cannot be subleased.
C)It cannot be assigned.
D)It should at least be oral.

Question 40

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

A)Both residential and commercial property leases
B)Only residential property leases
C)Only commercial property leases
D)Only agricultural property leases

Question 41

Linda was visiting Jose at his apartment.While she was there,Linda slipped on a banana peel that Jose negligently left on the kitchen floor.Linda was injured and sued both Jose and his landlord.Who is liable to Linda?

A)Both Jose and the landlord are liable.
B)Jose is liable because he was negligent.
C)The landlord is liable for all accidents that happen in his apartment.
D)No one is liable.

Question 42

June included an exculpatory clause in the lease agreement for her house that May was renting.During her lease period,May slipped and fell on the staircase,which was made of faulty and rotten floorboards.Based on modern legal trends,can May recover damages from June if she files a lawsuit?

A)Yes,because June is responsible for the care of the premises and many courts are declaring exculpatory clauses as unenforceable.
B)Yes,because the lease period is not yet over.
C)No,because May should have been more careful.
D)No,because courts will probably enforce the exculpatory clause.

Question 43

Jill is a month-to-month tenant.She had not paid her rent for three months and Landlord Lou decided to evict her.He placed her furniture in a storage locker and changed the lock on her apartment.Lou's actions are:

A)proper because Jill breached her obligations as a tenant.
B)proper because a landlord may evict a month-to-month tenant for any reason.
C)improper because the law allows a landlord a reasonable right of "self-help."
D)improper because Lou should have gone to court and obtained an order of eviction.

Question 44

Which of the following is true of eviction?

A)The law gives landlords the power to forcibly evict tenants who default on rents.
B)An eviction results when the tenant unjustifiably vacates the leased premises.
C)It results from a breach of contract by a tenant.
D)The tenant need not be given a notice before eviction.

Question 45

Why is the implied warranty of habitability considered to be superior to the doctrine of constructive eviction?

A)The tenant does not have to vacate the premises to seek damages.
B)Constructive eviction does not obligate the landlord to make repairs.
C)Constructive eviction is applicable only to commercial property.
D)Landlords need to pay damages to tenants.

Question 46

Which of the following statements is accurate in describing a sublease?

A)It is another term for an assignment.
B)It is used only in the context of commercial property.
C)It is an agreement between the original owner and a third-party.
D)A sublessee gets only partial rights.

Question 47

Which of the following is a characteristic of exculpatory clauses?

A)Courts favor their use in leases of residential property
B)They aid tenants in recovering damages from landlords
C)They attempt to insulate landlords from negligence liability to tenants
D)They are enforceable only in residential property leases

Question 48

Miranda leased an apartment,which had broken floorboards,from Gail.She invited her friend Claire for dinner one evening to the apartment;during the course of the evening,Claire slipped on the floorboards and broke her ankle.Which of the following is true of the case?

A)Claire cannot recover any monetary damages.
B)Claire cannot recover any damages for trauma.
C)Claire can recover damages only from Miranda.
D)Claire can recover damages from Gail.

Question 49

Jessica,a tenant,invited her friend Angelina for dinner at her house.Jessica's carpet that was on the kitchen floor was in a torn condition and Jessica has not done anything about it.As Angelina walked over it,her leg got trapped and she fell down.Her knee got dislocated.Angelina can sue:

A)neither Jessica nor the landlord.
B)only the landlord.
C)both Jessica and her landlord.
D)only Jessica.

Question 50

Delta Corp.leased 60,000 square feet of an office building from Tanner under a written 25-year lease.Which of the following statements is correct?

A)Tanner's death will terminate the lease and Delta will be able to recover any resulting damages from Tanner's estate.
B)Tanner's sale of the office building will terminate the lease unless both Delta and the buyer consent to the assumption of the lease by the buyer.
C)In the absence of a provision in the lease to the contrary,Delta does not need Tanner's consent to assign the lease to another party.
D)Delta Corp.can legally take possession of Tanner's building at the end of the lease period.

Question 51

Larry leased an apartment to Terry.The lease agreement prohibits Terry from assigning or subletting the property without Larry's consent.Such a provision:

A)is generally void.
B)is unenforceable,unless Larry changes his mind.
C)is unenforceable,unless Terry needs to sublet the property.
D)is generally enforceable.

Question 52

Sisk is a tenant of Met Co.and has two years remaining on a six-year lease executed by Sisk and Met.The lease prohibits subletting but is silent as to Sisk's right to assign the lease.Sisk assigns the lease to Kern Corp. ,which assumes all of Sisk's obligations under the lease.Met objects to the assignment.Which of the following statements is correct?

A)The assignment to Kern is voidable at Met's option.
B)Sisk would have been relieved from liability on the lease with Met if Sisk obtained Met's consent to the assignment.
C)Sisk will remain liable to Met for the rent provided for in the lease.
D)With respect to the rent provided for in the lease,Kern is liable to Sisk but not to Met.

Question 53

Which of the following is an accurate statement about limitations on assignment and subleasing in commercial lease agreements?

A)Public policy supports limitations on assignment and subleasing;therefore,such limitations are almost always upheld.
B)Ambiguous contract language limiting assignment of leases is narrowly construed and is usually resolved against the landlord.
C)Provisions requiring a landlord's consent to an assignment are almost never upheld by the courts.
D)Total prohibitions against assignment can be enforced,and are favored under the law.

Question 54

Maggie,the tenant under a one-year lease of an apartment,assigned the lease to her friend,Cosmo.Which of the following is a legally accurate statement?

A)Maggie's assignment of the lease is the same thing as the granting of a sublease.
B)If Cosmo fails to pay rent during the year covered by the lease,Maggie will be liable for it.
C)The assignment extinguishes any further obligations Maggie may have under the lease.
D)Maggie's assignment is called a tenancy for a period.

Question 55

Brandon leased his house to Patrick for five months.A few days after moving in,Patrick discovered that the house had several defects,such as leaking taps,broken windows,and faulty electrical wiring.Despite repeated requests,Brandon did not do the repairs.As a result,Patrick went ahead with the repairs and deducted the amount from the rent due that particular month.Brandon threatened to sue him.Brandon will:

A)win the case because he is the owner of the house.
B)win the case because a tenant has no right to repair defects.
C)lose the case because he was informed of the defects before the repairs.
D)lose the case because the law is biased toward tenants.

Question 56

Landlord wishes to evict Tenant from his apartment because Tenant is three months' behind on the rent.Tenant indicated that he is unwilling to move out.Which of the following is an accurate statement about Landlord's rights and/or obligations under the circumstances?

A)Landlord cannot sue Tenant;instead,Landlord must negotiate further with Tenant.
B)Landlord may use the degree of force necessary to physically remove Tenant from the apartment.
C)Landlord may change the locks on the apartment while Tenant is temporarily away,so that Tenant cannot get back in.
D)Landlord has to follow the prescribed procedure for eviction in that state.

Question 57

Darwin,a college student,leased a flat for 15 months that was to terminate in December 2009.Meanwhile,he had to go to New Jersey for a project,so he sublet his flat to a friend.Under these circumstances:

A)Darwin is not liable to the original owner anymore.
B)Darwin has not transferred his remaining rights to his friend.
C)Darwin has performed an illegal act.
D)Darwin has actually performed an assignment.

Question 58

Ace,Bud,and Chet leased an apartment from Stan Slumlord.They signed a lease that established a 12-month rental period at $400 per month as rent.Two months after the three tenants moved into the apartment,Ace and Bud moved out.Ace and Bud each moved to a different and distant state.Slumlord insists that Chet is responsible for the entire $400 per month rent.Is Slumlord correct?

A)Slumlord is incorrect.Under these facts,each tenant is responsible for one-third of the rent payment as an implied term of the lease agreement.
B)Slumlord is correct.The tenants are jointly and severally liable for the rent payments under the lease.
C)Slumlord is incorrect.This is a tenancy at sufferance,meaning that any tenant may vacate without incurring liability for further rent payments.
D)Slumlord is correct,if the lease was executed in a state that has adopted the Uniform Landlord-Tenant Act.

Question 59

Which of the following is often used by landlords to attempt to insulate themselves from negligence liability?

A)Assignment
B)Tort liability
C)An exculpatory clause in a lease
D)Constructive eviction

Question 60

A(n)________ occurs when the landlord or the tenant transfers all of her remaining rights under the lease to another person.

A)tenancy
B)lease
C)sublease
D)assignment

Question 61

Which of the following statements about security deposits is false?

A)Security deposit laws generally require landlords to provide tenants with a written accounting of their security deposits and any portions being withheld.
B)Local law dictates when a landlord must provide accounting for a security deposit.
C)The landlord's failure to comply with the law on security deposits may cause the landlord to experience adverse consequences,which vary state by state.
D)Most states require the security deposit to be in an interest-bearing account when the tenancy term is more than three years.

Question 62

Which of the following guarantees that the tenant's possession will not be interfered with as a result of the landlord's act or omission?

A)Implied warranty of quiet enjoyment
B)Implied warranty of habitability
C)Implied warranty of fitness for a particular purpose
D)Implied warranty of merchantability

Question 63

Section 4003 of the District of Columbia Municipal Regulations provides: "No person shall rent or offer to rent any habitation or the furnishing thereof unless such habitation and its furnishings are in a clean,safe and sanitary condition,in repair and free from rodents or vermin." This is an example of a(n):

A)statute of frauds provision.
B)implied warranty of quiet enjoyment.
C)housing code.
D)provision in accordance with the Fair Housing Act.

Question 64

What is the term for when a tenant unjustifiably and permanently vacates the leased premises before the lease term and defaults on payment of rent?

A)Foreclosure
B)Sublease
C)Abandonment
D)Eviction

Question 65

Which of the following scenarios would justify eviction proceedings by a landlord?

A)A tenant has abandoned the premises without any notice.
B)A tenant has not paid rent for five consecutive months.
C)A tenant has asked for the refund of the security deposit.
D)A tenant wants to make necessary repairs in the premises.

Question 66

A ________ is also called a tenancy for years.

A)tenancy for a term
B)periodic tenancy
C)tenancy at will
D)tenancy at sufferance

Question 67

In Brooks v.Lewin Realty III,Inc. ,the case in the text,the court held that:

A)the landlord could be liable for injuries to a child that were caused by the landlord's breach of the implied warranty of habitability.
B)the landlord could not be liable for injuries to a child when the landlord had no duty to keep the rental premises in repair during the lease term.
C)the landlord could not be liable for injuries to a child when the landlord had no duty to inspect the rental premises during the lease term.
D)the landlord could be liable for injuries to a child that were caused by the landlord's failure to comply with the city's housing code.

Question 68

Most states have a ________ that requires a lease for a term of more than a year from the date it is made to be evidenced by a writing.

A)state constitution
B)provision under the Uniform Residential Landlord and Tenant Act
C)common law rule
D)statute of frauds provision

Question 69

Which of the following is not an option for a landlord when a tenancy at sufferance occurs?

A)Treat the holdover tenant as a trespasser and bring an action to eject him.
B)Continue treating him as a tenant and collect rent from him.
C)Agree to a lease with a tenant and let her deal with the holdover tenant.
D)The landlord has no option but to allow the tenancy to continue.

Question 70

Generally,a landlord may evict a tenant by:

A)moving the tenant out himself and suing to recover unpaid rent.
B)moving the tenant out himself and changing the lock.
C)finding a new tenant to occupy the place.
D)filing a lawsuit against the tenant.

Question 71

Gertrude has not paid rent for five months and Mary,her landlord,wants to evict her.While Gertrude is at work,Mary enters the apartment and changes the lock.Mary moves all of Gertrude's belongings into a storage locker.When Gertrude comes home from work,Mary gives her the key to the storage locker.Which of the following is an accurate statement?

A)Mary was not entitled to act as she did because Gertrude was only five months behind in her rent.
B)Mary was entitled to act as she did because she protected Gertrude's belongings by placing them in a storage locker.
C)Mary was entitled to act as she did because a landlord has a right to "self help" in a situation like this.
D)Mary was not entitled to act as she did and she performed an illegal eviction.

Question 72

The Fair Housing Act prohibits instances of discrimination in all of the following instances,except:

A)refusal to lease a premises on the basis of sexual orientation.
B)publication of any advertisement or statement indicating any preference,limitation,or discrimination operating to the disadvantage of a protected person.
C)discrimination against a protected person in the terms,conditions,or privileges of rental.
D)representations that a dwelling is not available for rental to a protected person when,in fact,it is available.

Question 73

To terminate a tenancy from month to month,most states require that the notice be given at least:

A)60 days in advance.
B)one month in advance.
C)45 days in advance.
D)two weeks in advance.

Question 74

Which of the following is sometimes called a tenancy from month to month?

A)tenancy at sufferance
B)periodic tenancy
C)tenancy at will
D)tenancy for a term

Question 75

Which of the following statements about a landlord's rights is true?

A)A landlord is entitled to receive rent in accordance with the fair market value.
B)A landlord is entitled to have his property repaired by the tenant for normal wear and tear.
C)A landlord has the right to the return of the property in as good of a condition as it was when leased.
D)A landlord is entitled to have his property repaired by the tenant for any destruction caused by an act of God.

Question 76

In regard to a handicapped tenant,a landlord:

A)must make reasonable modifications to the leased property at the landlord's own expense.
B)must permit the handicapped tenant to make reasonable modifications to the leased property at his own expense.
C)can refuse to make reasonable accommodations in rules-even if such accommodations are necessary for the handicapped tenant to have equal opportunity to use and enjoyment of the leased premises.
D)can charge a handicapped tenant against his security deposit for normal wear and tear.

Question 77

If two or more persons are cotenants,their liability under the lease is:

A)joint only.
B)joint and several.
C)several only.
D)individual based on their respective interests.

Question 78

As demonstrated in the case in the text,Tan v.Arnel Management Company,a landlord may be liable for injuries sustained by individuals who were 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.Which of the following statements is false?

A)This type of liability has been imposed on both residential and commercial landlords.
B)Some courts have held that the implied warranty of habitability includes the obligation to provide reasonable security.
C)In most states that have imposed this type of liability,principles of negligence or negligence per se typically furnish the controlling rationale.
D)Landlords are liable in this context because they are insurers of the safety of persons on their property.

Question 79

Which of the following statements regarding the Uniform Residential Landlord and Tenant Act is false?

A)The Act has been enacted in a substantial minority of states.
B)The Act prohibits the inclusion of a clause by which the tenant supposedly agrees to pay the landlord's attorney's fees in an action to enforce the lease.
C)The Act only places regulations on landlords-not tenants.
D)In states where the Act has not been enacted,the terms of a lease are likely be regulated by a combination of state statutes,common law principles,and local housing codes.

Question 80

Which of the following statements about the rights of the tenant is false?

A)The tenant has the right to exclusive possession and quiet enjoyment of the property during the term of the lease.
B)Generally,a landlord is not entitled to enter the leased property without the tenant's consent.
C)The tenant may use the leased premises for any lawful purpose that is reasonable and appropriate,unless such activity is limited in the lease.
D)The tenant has the right to receive the leased residential property in a habitable condition only at the beginning of the lease.