Deck 49: Landlord-Tenant Law and Land Use Regulation

Question 1

In a landlord-tenant relationship, the tenant receives a nonfreehold estate in real property.

Answer 1

True

Question 2

Any lease for a stated period, irrespective of its duration, is called periodic tenancy.

Answer 2

False

Question 3

If a person rents a house on a monthly basis, which of the following types of tenancy would it represent?

A) tenancy at will
B) tenancy at sufferance
C) tenancy for years
D) periodic tenancy

Answer 3

D

Question 4

What is a tenancy at will?

A) a tenancy created when a lease specifies intervals at which payments are due but does not specify how long the lease is for
B) a tenancy created by a lease that may be terminated at any time by either party
C) a tenancy created when a tenant retains possession of property after the expiration of another tenancy
D) a tenancy created when a landlord and a tenant agree on a specific duration for a lease

Question 5

A tenant at sufferance is liable for the payment of rent during the period of sufferance.

Question 6

A landlord-tenant relationship is characterized by the ________.

A) transfer of title to the tenant
B) receipt of a nonfreehold estate by the tenant
C) creation of a future interest for the tenant
D) free simple absolute ownership of the tenant

Question 7

Most Statutes of Frauds permit lease contracts that last for less than five years to be orally contracted.

Question 8

A tenant's interest in real property is called a(n) ________.

A) easement estate
B) free simple absolute estate
C) gifted estate
D) leasehold estate

Question 9

A tenancy created when a lease specifies intervals at which payments are due but does not specify how long the lease is for is called a ________.

A) tenancy at sufferance
B) tenancy for years
C) periodic tenancy
D) tenancy at will

Question 10

Which of the following is true of tenancy at sufferance?

A) It can be terminated only after an eviction proceeding.
B) It cannot be terminated as the holdover tenant has the title of transfer.
C) It has a specific period before expiration.
D) It requires a notice period that equals the length of payment period.

Question 11

The death of one of the parties of a tenancy at will does not terminate the contract.

Question 12

A transfer of the right to the possession and use of real property for a set term in return for certain consideration is known as a(n) ________.

A) title transfer
B) lease
C) novation
D) easement

Question 13

A tenancy created when a landlord and a tenant agree on a specific duration for the lease is known as a ________.

A) tenancy for years
B) periodic tenancy
C) tenancy by the entirety
D) tenancy at sufferance

Question 14

A tenancy for years terminates automatically, without notice, on the expiration of the stated term.

Question 15

A rental agreement between a landlord and a tenant is called a lease.

Question 16

A ________ is a tenancy created when a tenant retains possession of property after the expiration of another tenancy or a life estate without the owner's consent.

A) periodic tenancy
B) tenancy at will
C) tenancy at sufferance
D) tenancy for years

Question 17

Which of the following forms of tenancy involves the possession of property without right?

A) tenancy at sufferance
B) periodic tenancy
C) tenancy for years
D) tenancy at will

Question 18

Under a periodic tenancy system, the notice period is usually the same as the length of the payment period.

Question 19

What is an unlawful detainer action?

A) a legal process that a tenant must complete before he or she is allowed to sublet
B) a legal lawsuit brought against a landlord for breach of the implied warranty of habitability
C) a lawsuit brought by a tenant against the landlord for wrongful eviction
D) a legal process that a landlord must complete to evict a holdover tenant

Question 20

An estate where the tenant has a right to possess the real property but does not own title to the property is called ________.

A) free simple absolute estate
B) gifted estate
C) nonfreehold estate
D) easement estate

Question 21

In a net, net, net lease arrangement, the tenant is responsible for paying only rent, property taxes, and utilities.

Question 22

What are the only payments made by a tenant in a double net lease?

A) property taxes and assessments on the property
B) rent, property taxes, utilities, and insurance
C) rent and property taxes
D) rent, property taxes, and utilities

Question 23

In a gross lease, the landlord is responsible for paying the property taxes and assessments on the property.

Question 24

A lease in which the tenant pays a lump sum to the landlord and the landlord is responsible for paying the property taxes and assessments on the property is known as a ________.

A) gross lease
B) net, net, net lease
C) double net lease
D) net lease

Question 25

The ________ is an assurance that provides that leased premises must be fit, safe, and suitable for ordinary residential use.

A) implied warranty to pay rent
B) implied warranty of habitability
C) duty to deliver possession
D) duty not to use leased premises for illegal or nonstipulated purposes

Question 26

In a double net lease arrangement, property taxes are shared between the tenant and the landlord.

Question 27

When is a tenant wrongfully evicted?

A) when the landlord breaches the tenant's right to quiet enjoyment
B) when the landlord fails to maintain the leased premises properly
C) when the tenant violates a building code statute
D) when the tenant sublets the premise without permission of the landlord

Question 28

Building codes specify the ________.

A) policies on the implied warranty of habitability for residential leases
B) rules on proper delivery of possession to the tenant
C) standards for property owners to maintain and repair leased premises
D) laws regulating the extent to which a landlord can interfere with a tenant's right to quiet enjoyment

Question 29

In a ________ arrangement, the tenant is responsible for paying only rent and property taxes.

A) double net lease
B) net lease
C) gross lease
D) net, net, net lease

Question 30

A landlord owes a duty to deliver possession of the leased premises to the lessee.

Question 31

If a landlord wrongfully locks his or her tenant out of the premises of the rented property, it is termed constructive eviction.

Question 32

Unlawful eviction occurs when a tenant's right to quiet enjoyment is violated.

Question 33

Which of the following duties has a landlord breached if he leases a rodent-infested warehouse to a farmer?

A) implied warranty of habitability
B) duty not to commit waste
C) implied warranty of possession
D) duty not to interfere with a tenant's right to quiet enjoyment

Question 34

The housing codes impose specific standards on tenants to repair leased premises.

Question 35

In modern real estate law, the doctrine of "caveat lessee" is widely applied to leases.

Question 36

Kurt, a computer sales representative, ran a small restaurant business from his home to supplement his income. He converted his large living room into an eatery with minimal seating. His mother and brother managed the kitchen, while he coordinated orders and waited upon customers. Upon realizing that Kurt was running a restaurant, the landlord evicted Kurt and his family. In the scenario, we can infer that ________.

A) Kurt received the rented property in conditions that were uninhabitable
B) Kurt was evicted for using the rented property for illegal or nonstipulated purposes
C) Kurt failed to comply with the building codes of the area in which he lived
D) Kurt failed to claim his freehold estate on the rented property within the stipulated period

Question 37

In a net lease arrangement, the tenant is responsible for paying rent and property taxes.

Question 38

A ________ is a lease where the tenant is responsible for paying the rent, property taxes, utilities, and insurance.

A) net lease
B) gross lease
C) net, net, net lease
D) double net lease

Question 39

Jack Mendez, owner of a car remodeling company, needed a temporary place to store some heavy machinery for a day. Finding no other option, he decided to store the machinery at his rented apartment. When Jack kept the machinery in the living room, the floor beneath the spot developed cracks. Which of the following duties of a tenant did Jack breach by bringing the machinery into his home?

A) duty to deliver possession
B) duty not to commit waste
C) duty to pay rent
D) duty not to use leased premises for illegal or nonstipulated purposes

Question 40

What is a lease?

Question 41

If the landlord recovers from the assignor, the assignor has no course of action to recover from the assignee.

Question 42

A party to whom a tenant transfers all his or her rights under a lease is known as a(n) ________.

A) lessee
B) assignee
C) consignee
D) licensee

Question 43

What is meant by the tenant's duty not to use leased premises for illegal or nonstipulated purposes?

Question 44

Chris rented an apartment from Donald. Due to personal reasons, Chris decided to transfer all his rights under the lease to his friend Dave. Dave partially transferred his rights under the lease to his friend, Pam. While living in the apartment, Pam accidentally burned down a part of the kitchen. Donald paid for fixing the kitchen. By the time of this accident, Donald had also transferred his rights to receive rent for the lease to Chad. Which of the following kinds of lease agreements exists between Dave and Pam?

A) an easement
B) a sublease
C) a cooperative
D) a net lease

Question 45

Which of the following is true of a transfer of leased property by landlords?

A) A landlord cannot sell the rights to receive rent.
B) A new owner-landlord can alter the terms of an existing lease during the term of the lease.
C) If the complete title is transferred, the property is subject to the existing lease.
D) If a valid lease contract expires, a landlord can sell his ownership interest in a property.

Question 46

Chris rented an apartment from Donald. Due to personal reasons, Chris decided to transfer all his rights under the lease to his friend Dave. Dave partially transferred his rights under the lease to his friend, Pam. While living in the apartment, Pam accidentally burned down a part of the kitchen. Donald paid for fixing the kitchen. By the time of this accident, Donald had also transferred his rights to receive rent for the lease to Chad. Under this arrangement, ________ is legally obliged to pay Donald for the damages caused to the kitchen.

A) only Pam
B) only Dave
C) only Chris
D) either Chris or Dave

Question 47

Which of the following is true of an assignment?

A) The assignor is liable to the landlord for damages.
B) The assignee and the landlord have no legal relationship.
C) The assignor is no longer responsible for the obligations under the lease.
D) The assignee acquires all the rights that the assignor had under the lease.

Question 48

Not painting the house on time is a violation of a tenant's duty not to commit waste.

Question 49

Which of the following statements is true of a sublease?

A) The sublessee acquires all rights under the original lease agreement.
B) The landlord can sue the sublessee to recover rent payments.
C) The landlord and the sublessee do not have a legal relationship.
D) The sublessee has a duty to pay rent only to the landlord.

Question 50

The transfer by a tenant of all of his or her rights under a lease to another party is known as an ________.

A) assignment
B) easement
C) accommodation
D) arraignment

Question 51

Chris rented an apartment from Donald. Due to personal reasons, Chris decided to transfer all his rights under the lease to his friend Dave. Dave partially transferred his rights under the lease to his friend, Pam. While living in the apartment, Pam accidentally burned down a part of the kitchen. Donald paid for fixing the kitchen. By the time of this accident, Donald had also transferred his rights to receive rent for the lease to Chad. Under this arrangement, Pam has to pay rent to ________.

A) Donald
B) Chris
C) Dave
D) Chad

Question 52

Explain a landlord's right to transfer leased property.

Question 53

Who is an assignor of a lease?

A) a tenant who partially transfers his or her rights under a lease
B) a tenant who transfers all of his or her rights under a lease
C) a landlord whose property has been assigned
D) a landlord who sells property that has already been leased

Question 54

Chris rented an apartment from Donald. Due to personal reasons, Chris decided to transfer all his rights under the lease to his friend Dave. Dave partially transferred his rights under the lease to his friend, Pam. While living in the apartment, Pam accidentally burned down a part of the kitchen. Donald paid for fixing the kitchen. By the time of this accident, Donald had also transferred his rights to receive rent for the lease to Chad. Which of the following kinds of lease agreements exists between Chris and Dave?

A) an accommodation
B) a gross lease
C) an assignment
D) an easement

Question 55

How are tenants guaranteed a safe and secure leased premise?

Question 56

An arrangement in which a tenant transfers some of his or her rights under a lease to another party is known as a ________.

A) gross lease
B) net lease
C) sublease
D) triple lease

Question 57

A landlord's right to receive rent is not transferable.

Question 58

A new owner-landlord can alter the terms of an existing lease during the term of the lease.

Question 59

Chris rented an apartment from Donald. Due to personal reasons, Chris decided to transfer all his rights under the lease to his friend Dave. Dave partially transferred his rights under the lease to his friend, Pam. While living in the apartment, Pam accidentally burned down a part of the kitchen. Donald paid for fixing the kitchen. By the time of this accident, Donald had also transferred his rights to receive rent for the lease to Chad. Under this arrangement, ________ is obligated to pay rent to Chad.

A) Donald
B) Dave
C) Pam
D) Chris

Question 60

An assignee is obligated to perform the duties that the assignor had under the lease.

Question 61

Title III of the ADA requires construction of ramps to accommodate wheelchairs.

Question 62

The Fair Housing Act specifically prohibits discrimination against disabled individuals in employment, public services, and public accommodations and services.

Question 63

How does the Americans with Disabilities Act influence housing and accommodation?

Question 64

The compensation provided by the government for obtaining a property through eminent domain is final and cannot be disputed further.

Question 65

Which of the following is true of the process of eminent domain?

A) It does not allow the property owner to make a case for keeping the property.
B) It requires payment of compensation by the government.
C) It does not apply to state and local governments.
D) It allows the government to set up zoning areas.

Question 66

The landlord can sue a sublessee to recover rent payments or enforce duties under the original lease.

Question 67

The ________ of the Fifth Amendment to the U.S. Constitution allows the government to take property for public use.

A) Takings Clause
B) Just Compensation Clause
C) Double Jeopardy Clause
D) Ratification Clause

Question 68

Complaints regarding violations of the ADA are filed with the U.S. Department of Justice.

Question 69

Rent-control ordinances fix the rent at a specific amount and provide for minor annual increases.

Question 70

A person who leases a single-family dwelling and does not own more than three single-family dwellings does not come under the purview of the Fair Housing Act of 1968.

Question 71

A partial transfer of a tenant's rights under a lease is known as an assignment.

Question 72

The attorney general may seek equitable relief and civil fines for any violation of the ADA.

Question 73

The Due Process Clause of the Fifth Amendment to the U.S. Constitution requires the government to compensate a property owner when it exercises the power of eminent domain.

Question 74

The Americans with Disabilities Act applies only to places of public accommodation operated by public entities.

Question 75

Which of the following legislations prevents all protected classes from discrimination in accommodation?

A) the Rent Stabilization Law of 1969
B) the Americans with Disabilities Act of 1990
C) the Fair Housing Act of 1968
D) the Civil Rights Act of 1866

Question 76

Eminent domain allows the government to take private property for public use after paying consideration.

Question 77

In a sublease, no legal relationship is formed between the landlord and the sublessee.

Question 78

Monetary damages are not provided in cases involving violation of the ADA.

Question 79

Which of the following is true of rent control?

A) Rent-control ordinances are enacted and enforced by the federal government.
B) Rent-control ordinances stipulate amounts for rent and annual increases.
C) Rent control is deemed unconstitutional by the U.S. Supreme Court.
D) Rent control is derived from zoning ordinances and building codes.

Question 80

The process through which the government can take private property for public use, provided that just compensation is paid to the property holder, is known as ________.

A) future interest
B) constructive eviction
C) adverse possession
D) eminent domain