Deck 35: Landlord and Tenant

Question 1

A lease is a contract by which the owner of property gives the exclusive right to possess the leased property to another person for a specific amount of time.

Answer 1

True

Question 2

A tenant who remains in possession of the property after the expiration of a lease cannot be made part of a new tenancy.

Answer 2

False

Question 3

A valid surrender discharges the tenant from further liability under the lease.

Answer 3

True

Question 4

Federal laws often regulate lease terms.

Question 5

A tenant is responsible for the care and upkeep of leased property,and is required to make major repairs if the damage was caused by his/her own negligence.

Question 6

If David sublets his apartment to Annie,he is no longer liable to the landlord for the commitments he made in the lease.

Question 7

A _____ occurs when property is leased for an indefinite period of time and either party may choose to conclude the tenancy at any time.

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

Question 8

If a landlord and a tenant agree that the tenant will pay rent at regular intervals such as on a month-to-month basis,the agreement is a ___.

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

Question 9

Security deposits protect the landlord's right to receive rent as well as her right to reversion of the property in good condition.

Question 10

A periodic tenancy cannot be terminated without either party giving advance notice to the other.

Question 11

A landlord is not liable for criminal acts committed by third persons against the landlord's tenants.

Question 12

Landlords attempt to limit their liability through exculpatory clauses.

Question 13

Under the traditional rule,landlords are granted immunity from tort actions if the defects arise during the term of the lease.

Question 14

Where damage to leased property arises through no fault of the tenant,that tenant still has a duty to take interim steps in order to prevent further damage from the elements.

Question 15

Constructive eviction enables a tenant to terminate the lease on a property because she has effectively been evicted as a result of the poor condition or the objectionable circumstances there.

Question 16

The doctrine of unconscionability does not apply to leases.

Question 17

In a majority of cases,the implied warranty of habitability applies to residential property and to property leased for commercial uses.

Question 18

Which of the following statements is true about a lease?

A)It was traditionally viewed as the lease of property for residential or commercial purposes.
B)Federal legislatures have enacted statutes that regulate leased property and the landlord-tenant relationship.
C)It conveys to the tenant the exclusive right to possess property for a period of time.
D)Doctrines such as unconscionability are not applicable to leases.

Question 19

Dana rented a studio apartment from Mollie for one year,starting May 5,1989 to May 5,1990.Dana did not move out on May 5,1990.Instead she sent Mollie a check for $300 stating "June rent",which Mollie accepted.In this case,Dana is a tenant:

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

Question 20

A periodic tenancy is also known as a(n):

A)freehold estate.
B)easement.
C)a tenancy from year to year.
D)a tenancy for years.

Question 21

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

A)The landlord will have liability only under standard housing codes and not under the implied warranty of habitability.
B)The landlord will be not liable for lack of reasonable care in their maintenance of the leased property.
C)The landlord will not be liable to protect tenants from substantial risks of harm created by other tenants.
D)The landlord will have liability for defects that he/she had reasonable opportunities to repair,but didn't.

Question 22

Under the implied warranty of quiet enjoyment,a landlord:

A)can enter the leased property during the term of the lease.
B)may not enter the leased property during the term of the lease.
C)can enter the leased property anytime as long as he/she does so quietly.
D)may not interfere with any matter concerning the property.

Question 23

Charlie and Violet signed a lease to rent an apartment from Joey.After moving into the apartment,they have a heated argument one day and Violet moves out.Under these circumstances:

A)Joey may hold Charlie responsible for the entire rent.
B)Joey may hold Charlie liable for only half the rent.
C)there is an automatic termination of the lease by Joey.
D)Joey will have to file a suit against Violet for the rent.

Question 24

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

A)If the landlord opts for a new tenancy,it again has to be a tenancy in sufferance.
B)The landlord cannot bring any action against the tenant to eject him from the property.
C)It occurs when a tenant pays rent on a yearly basis.
D)It occurs when a tenant remains in possession of the property after the expiration of a lease.

Question 25

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

A)Graham has no duty to protect Sam from third-party conduct.
B)Graham can be held liable for breach of implied warranty of habitability.
C)Graham has a duty to protect Sam and the other tenants from foreseeable criminal conduct.
D)Graham is liable for breach of the implied warranty of quiet enjoyment.

Question 26

Constructive eviction is an unattractive option for some tenants because:

A)the tenant has to share the repair expenses with the landlord.
B)the tenant cannot terminate the lease.
C)the tenant is required to vacate the leased premises.
D)the tenant is required to vacate the leased premises and obligated to pay the rent for the remaining period.

Question 27

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

A)is unenforceable because it was a periodic tenancy.
B)is unenforceable because it created a tenancy at will.
C)is enforceable because Louie breached the covenant of quiet enjoyment.
D)is enforceable because Louie violated the implied warranty of possession.

Question 28

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

A)New tenancy
B)Lease extension
C)Refund of the security deposit
D)Rent abatement

Question 29

The URLTA:

A)prohibits discrimination against tenants on the basis of color,religion,race,and national origin.
B)prohibits the inclusion of exculpatory clauses in standard lease agreements that the landlords expect tenants to sign.
C)prohibits the creation of tenancy at sufferance.
D)prohibits the inclusion of clauses by which the tenant supposedly agrees to pay the landlord's attorney's fees in an action to enforce the lease.

Question 30

A landlord has the duty:

A)to ask the tenant to maintain common areas.
B)not to commit waste on the property.
C)to use reasonable care in performing repairs.
D)to get the property in as good a condition as it was when leased.

Question 31

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

A)limit the amount the tenant may pay.
B)require that the security deposit be refundable.
C)allow landlords to withhold portions even when the tenant causes ordinary damage to the property.
D)prohibit landlords from taking advance payments of rents from tenants.

Question 32

Eli rents an old farmhouse from Kathy for a term to begin on July 31,2006 and end on August 1,2007.When Eli attempts to move in,he finds that Rose,the previous tenant,is still living in the house.Here,Kathy has breached:

A)the implied warranty of habitability.
B)the implied warranty of possession.
C)the implied warranty of quiet enjoyment.
D)the clauses of the Fair Housing Act.

Question 33

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

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

Question 34

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

A)assignment
B)sublease
C)constructive eviction
D)termination

Question 35

The implied warranty of habitability in lease situations requires:

A)the landlord to ensure that the property is suitable for living.
B)the tenants to maintain a habitable dwelling during the term of the lease.
C)the tenants to comply with applicable housing codes.
D)the landlord to terminate the lease if the warranty has been breached.

Question 36

Which of the following is a tenant's right?

A)The tenant has the right to exclusive possession of the property only if there is an implied warranty of possession and habitability.
B)The landlord is not entitled to enter the leased property without the tenant's consent,unless the lease specifies this.
C)The tenant may use the leased premises for any purpose,whether lawful or unlawful.
D)The tenant has the right to receive leased residential property in a habitable condition only at the beginning of the lease.

Question 37

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

A)A landlord who uses a real estate broker is exempted from this act.
B)It doesn't hold a landlord liable for refusing to allow a handicapped person from making reasonable modifications to the leased property.
C)The act prohibits landlords from excluding families with children.
D)The act prohibits discriminatory practices in various transactions affecting housing,except the rental of dwellings.

Question 38

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

A)if it is for a term of more than three months from the date it is made.
B)if it is for a term of more than one month from the date it is made.
C)if it is for a term of more than one year from the date it is made.
D)if it is for a term of more than six months from the date it is made.

Question 39

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

A)Sam is liable for Susie's injury since he invited her to the apartment.
B)Landlords Inc.will be liable to Sam only.
C)Susie can recover from Landlords if she can show that they did not use reasonable care in maintaining the stairway.
D)Susie cannot recover as she was not a tenant of Landlords Inc.

Question 40

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

A)private property.
B)a place of public accommodation.
C)private property accommodating more than two people.
D)private residential property for public use.

Question 41

_____ occurs when a tenant transfers to another person some,but not all,of his remaining right to possess the property.

A)Subleasing
B)Assignment
C)Periodic tenancy
D)Exclusive possession

Question 42

Under what circumstances can a tenant invoke the doctrine of constructive eviction?

Question 43

Explain the Fair Housing Act.Under what circumstances,can people be exempted from this act?

Question 44

Identify the correct statement about abandonment.

A)When a tenant abandons the leased property,the landlady has a duty to accept the surrender under any circumstances.
B)If the landlady can't find a new tenant,she cannot sue the old tenant for the rent due for the remainder of the term.
C)If a tenant abandons the leased property,he is making an offer to sublease the leasehold.
D)The landlady can mitigate damages caused by the abandonment by attempting to rent the leased property to a new tenant.

Question 45

Explain the difference between an "assignment" and a "sublet."

Question 46

Explain the implied warranty of habitability,in a lease setting.

Question 47

Which of the following would terminate a lease?

A)Assignment.
B)A party's material breach of the lease.
C)Landlord's unanimous decision.
D)Subleasing.

Question 48

The duty not to commit waste means:

A)the landlord has a duty not to do any act that would harm the property.
B)the tenant is responsible for the care and upkeep of the property.
C)the tenant has a duty to protect the property and take reasonable care to protect it from other's criminal conduct.
D)the tenant has the duty to make repairs irrespective of whether the damage was caused by his negligence or not.

Question 49

If a tenant breaches the lease,then the landlord can _____ the tenant.

A)assign
B)surrender
C)evict
D)abandon

Question 50

Define "tenancy for a term" and show how it differs from "periodic tenancy".