Deck 50: Landlord-Tenant Law

Question 1

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

Answer 1

True
Explanation: Interference with a tenant's quiet enjoyment of property is usually in the form of an eviction.

Question 2

By federal law,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.

Answer 2

False
Explanation: In situations in which a tenant vacates premises without paying rent, some states are requiring that landlords make a reasonable attempt to lease the property to another party.

Question 3

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

Answer 3

False
Explanation: One of the most important promises that a landlord, the lessor, makes in a lease is the covenant of quiet enjoyment, a promise that the tenant has the right to quietly enjoy the land.

Question 4

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 5

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 6

A definite-term lease is also known as a[n] ______.

A) Limited-term-lease
B) Term-for-years
C) Applied-term-lease
D) Exact-term-lease
E) Approved-term-lease

Question 7

Generally,a surrender of property must be in writing.

Question 8

If an individual has a history of not paying rent or severely damaging premises,the landlord does not have to enter into an agreement with this person to lease premises.

Question 9

A rent escalation clause is typically found in short-term leases.

Question 10

In the landlord-tenant relationship,the party who assumes temporary ownership of the property is the _____.

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

Question 11

Rent ceilings are always illegal.

Question 12

Which of the following is false regarding evictions in Japan?

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 13

A[n] ______ lease automatically expires at the end of the specified term,and the landlord is not required to give any notification of termination.

A) Allowable-term
B) Periodic-tenancy
C) Tenancy-at-will
D) Tenancy-at-sufferance
E) Definite-term

Question 14

A[n] ______ lease is created for a recurring term,such as month to month; and it may last for an indefinite time period.

A) Allowable-term
B) Periodic-tenancy
C) Tenancy-at-will
D) Tenancy-at-sufferance
E) Definite-term

Question 15

Which of the following was the result in Choices in Cmty.Living Inc.,v.Petkus,the case in the text,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.
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

An eviction may only be full,not partial.

Question 17

Rent can be defined as the compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises.

Question 18

In the landlord-tenant relationship,the owner of the property is called the _____.

A) Landlord or lessor
B) Landlord or lessee
C) Holder or lessor
D) Holder or lessee
E) Holdee or lessee

Question 19

In the landlord-tenant relationship,the property in question is called the _____.

A) Premises
B) Leasehold estate
C) Occupied property
D) Occupied estate
E) Controlled area

Question 20

If a landlord retains control of and access to property,the relationship is likely not a landlord-tenant relationship because the tenant does not have an exclusive right to possession of the property.

Question 21

Who is generally responsible for injuries that occur in common areas based on negligent upkeep?

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 22

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

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

Question 23

Parties to a ______ lease may terminate the lease at any time.

A) Allowable-term
B) Periodic-tenancy
C) Tenancy-at-will
D) Tenancy-at-sufferance
E) Definite-term

Question 24

Which of the following is a requirement that leased premises be fit for ordinary residential purposes?

A) Warranty of residence
B) Agreement of acceptability
C) Contract of residence
D) Implied warranty of habitability
E) Covenant of quiet enjoyment

Question 25

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 26

Which of the following is false regarding leases under French law?

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 27

If a tenant fails to leave the property after the termination of the lease,a[n] ______ lease is created.

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

Question 28

Under the Fair Housing Act,a landlord may not discriminate against a prospective tenant with regard to which of the following?

A) Race, color, sex, religion, national origin, familial status, disability, or age (over 40).
B) Race, color, sex, religion, national origin, familial status, or disability.
C) Race, color, sex, religion, national origin, or age (over 40).
D) Race, color, sex, religion, disability, or national origin.
E) Race, color, sex, national origin, or age (over 40).

Question 29

A[n] ______ eviction occurs when a landlord physically prevents a tenant from entering leased premises.

A) True
B) Actual
C) Constructive
D) Absolute
E) Legal

Question 30

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 31

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

A) Trash
B) Waste
C) Negligence
D) Substantial
E) Imperative

Question 32

Which of the following identifies areas such as yards,lobbies,elevators,stairs,and hallways that are used by all tenants?

A) Accessible areas
B) Use areas
C) Lessee areas
D) Leased areas
E) Common areas

Question 33

Which of the following was the result in Nancy McCormick v.Robert Moran,the case in the text in which the plaintiff claimed that she was entitled to a refund of her security deposit,but the defendant claimed that she was liable for additional costs of cleaning her apartment that were incurred because of heavy smoking by tenants?

A) The court ruled that the lessee was responsible for additional costs incurred by the landlord for cleaning the smoke residue even though the lease did not specifically prohibit smoking on the premises.
B) The court ruled that the lessee was not responsible for additional costs incurred by the landlord for cleaning the smoke residue because the lease did not prohibit smoking in the apartment.
C) The court ruled that the lessee was responsible for additional costs incurred by the landlord for cleaning the smoke residue only because the lease specifically prohibited smoking in the apartment.
D) The court ruled that the lessee was responsible for one-half the additional cost incurred by the landlord for cleaning the smoke residue.
E) The court ruled that the lessee was not responsible for additional costs incurred by the landlord for cleaning the smoke residue unless the landlord could establish by additional proof that the plaintiff had failed to take appropriate steps to engage in general cleaning before she vacated the premises.

Question 34

Which of the following is true regarding landlord liability in England?

A) For a landlord to be held liable due to negligence, he or she must have created the disputed defect.
B) Landlords are significantly restrained by common law in terms of their liability to the tenant at the time of letting.
C) Nuisance is not recognized as an action against landlords.
D) A landlord is strictly liable for builder created defects.
E) The law favors protection of tenants.

Question 35

If leased premises become unsuitable for use because of a landlord's wrongful or omitted act,a[n] ______ eviction has occurred.

A) True
B) Actual
C) Constructive
D) Absolute
E) Legal

Question 36

Which of the following is a clause in a lease agreement allowing the landlord to increase the rent in association with increases in costs of living,property taxes,or the tenant's commercial business?

A) A rent expense agreement
B) A landlord protection clause
C) A rent escalation clause
D) An inflation clause
E) A cost clause

Question 37

Which of the following was the result in Janet I.Benitez v.Sebastiano Restifo,the case in the text in which the plaintiff alleged that the landlord breached the covenant of quiet enjoyment based upon an upstairs tenant intentionally and repeatedly causing significant water leakage into the plaintiff's apartment?

A) The court ruled that as a matter of law the landlord had no duty to control any actions of the other tenant and that the right to take action against the other tenant belonged to the plaintiff.
B) The court ruled that the terms of the lease controlled and that because the lease gave the plaintiff the affirmative right to take court action in such cases, the landlord had no duty to do so.
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 ruled that since the actions of the tenant did not constitute a physical danger to the plaintiff, the landlord had no duty to control the actions of the tenant.

Question 38

Which of the following is false regarding security deposits?

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 39

Who is responsible for upkeep of common areas?

A) The lessor
B) The lessees
C) Both the lessor and the lessee on a 50-50 basis
D) The lessor is responsible for the upkeep of all common areas except hallways.
E) The lessees are responsible for the upkeep of all common areas except hallways.

Question 40

Which of the following references in some states a landlord's right 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 41

Which of the following is false regarding a tenant's use of rented premises?

A) A tenant is responsible for carpet that becomes worn.
B) A tenant is responsible for negligent damages to an apartment.
C) A tenant has a duty not to commit waste.
D) A tenant had a duty not to cause substantial injury to the landlord's property.
E) A tenant may not cut down trees in the yard of rental property.

Question 42

Which of the following is the correct term for the action Christen took in transferring her entire interest in the leased property to Doug?

A) She made an assignment
B) She made a sublease
C) She made a lease transfer
D) She made a sublet
E) She made a rental swap agreement

Question 43

Which of the following is true regarding the right of Dusty to collect rent payments from Doug?

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

Question 44

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 45

What rights does Harold have against Holly?

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

Question 46

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 47

Which of the following is a term referencing the failure of either the tenant or the landlord to perform a condition stated in the lease?

A) Forfeiture
B) Violation
C) Refusal
D) Negation
E) Surrender

Question 48

Bob leases an apartment from Brenda and pays rent of two months in advance,plus a damage deposit.Unfortunately,when he attempts to move in,he finds that Connie is living in the apartment.Connie tells him that Brenda had no right to ask her to leave and that she is staying put.Which of the following is true assuming that Connie 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 Bob and Brenda would have to split any costs involved in removing Connie from the premises.
D) In a majority of states, Bob would be required to initiate legal action to remove Connie, but he would be entitled to reimbursement from Bob.
E) In a majority of states, Bob could have Brenda put in jail if she did not have Connie removed within 30 days.

Question 49

If Christen pays Dusty,does she have any rights to receive reimbursement from Doug?

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

Question 50

Which of the following is true regarding Conrad's statement that he had an absolute right to continue paying Brenda until the lease expired?

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

Question 51

Which of the following is true regarding whether Brenda had the right to sell the building to Greg?

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

Question 52

Which of the following is true regarding the right of Dusty to collect rent payments from Christen?

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

Question 53

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 was caused 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 for consideration of the facts according to the test outlined in its decision for determining if a requested accommodation is required.

Question 54

Which of the following occurs if a tenant moves out of leased premises before the end of the term,has no intent to return,and had defaulted on rent payments?

A) Forfeiture
B) Negation
C) Surrender
D) Refusal
E) Abandonment

Question 55

Which of the following is true regarding the right of Dusty to sue Christen for transferring her interests to Doug?

A) When he accepted rent payments from Doug, Dusty 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 Doug was an acceptable tenant.
D) Dusty could sue Christen and win for breaching the lease agreement.
E) Dusty could sue Christen and win for breaching the lease agreement only if Doug has committed waste on the property.

Question 56

Which of the following is true regarding whether Greg has the right to raise the rent?

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

Question 57

Which of the following promises in the lease did Holly 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 58

Which of the following is false regarding the liability of a landlord?

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 59

Which of the following is the proper term for the action Holly took in locking Harold out of the areas?

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

Question 60

Which of the following references the ending of a lease before its stated term by mutual agreement between the lessor and the lessee?

A) Forfeiture
B) Negation
C) Surrender
D) Refusal
E) Abandonment

Question 61

Describe a sublease.To whom is a sublessee liable in the event that the sublessee fails to pay rent? Can the original lessor hold the sublessor liable in the event a sublessee fails to pay rent?

Question 62

When may a landlord be found guilty of negligence per se for code violations?

Question 63

Discuss the options available to a lessee when a landlord fails to make needed repairs along with any applicable requirements if an option is exercised.

Question 64

Set forth the elements required for the existence of a landlord-tenant relationship.

Question 65

Susan rented office space for her dog grooming business.She put in a wall to divide a room so that she would have needed storage space.When Wally,the landlord,saw what she had done,he became very angry and told her that she was liable to him for damages.Discuss any liability of Susan under the majority rule and also under the minority rule.