Deck 35: Landlord and Tenant Law

Question 1

Maria's lease agreement explicitly states that she has to pay quarterly maintenance charges at the beginning of each quarter apart from the rent that she pays on a monthly basis. Maria, however, forgets to pay the maintenance charges during the second quarter. Legally, Maria has failed to pay the rent reserved in the lease.

Answer 1

True

Question 2

The landlord is liable to people injured outside the property by defects that existed when the lease was signed.

Answer 2

True

Question 3

A subtenant is not liable to the landlord for performance of the tenant's duties.

Answer 3

True

Question 4

A landlord will be liable even if he has no duty to repair but negligently makes repairs that themselves turn out to be dangerous.

Question 5

If a tenant, after signing a lease, discovers that someone else in possession of the leasehold premises has paramount (or superior) the landlord is automatically in breach.

Question 6

Leases can be created orally, unless the term of the lease exceeds the period specified by the Statute of Frauds.

Question 7

When an injury occurs on premises rented to a tenant, the landlord is automatically liable.

Question 8

When a landlord breaches any of his duties, the tenant may seek damages either after termination or as an alternative to termination.

Question 9

Frustrated with his neighbor's loud music, despite regular complaints, and the lack of action by the landlord, Robert, the tenant, decides to withhold the rent until the landlord takes action against his neighbors. Which of the following remedies did Robert seek?

A) Termination
B) Damages
C) Rent adjustment
D) Constructive eviction
E) Paramount title

Question 10

In a tenancy at will, ten days' notice is required for either the Landlord or Tenant to end the tenancy.

Question 11

A tenancy that will last only so long as the landlord and tenant desire is known as a(n) _____.

A) open listing
B) fee simple estate
C) estate for years
D) tenancy at will
E) periodic tenancy

Question 12

A tenant cannot transfer his/her leasehold interest in order to make money on the leasehold itself.

Question 13

Which of the following refers to any legal interest in a premises that is not terminable at the will of the landlord or at the time the tenant is entitled to take possession?

A) Periodic tenancy
B) Tenancy at will
C) Certificate of title
D) Caveat emptor
E) Paramount title

Question 14

Which of the following is a characteristic of periodic tenancy?

A) It is sometimes called a tenancy for years.
B) It can be ended only by a notice of termination by the landlord.
C) No periodic tenancy may last longer than from year to year.
D) No prior notice needs to be given for the termination of the tenancy.
E) The tenant cannot be ejected without his consent.

Question 15

Daniel leased a building from its owner for 10 years, beginning 1st April 2009 and ending 31st March 2019. It can be said that Daniel is the owner of a(n):

A) fee simple estate.
B) periodic tenancy.
C) fee absolute estate.
D) estate for years.
E) estate from year to year.

Question 16

At common law, the landlord was not responsible if the premises became unsuitable once the tenant moved in.

Question 17

In an assignment, the tenant transfers all interest in the premises and all obligations.

Question 18

Aston, a tenant in Jackie's apartment, had repeatedly complained about the leaky faucets in the apartment. However, Jackie was not interested in doing anything about it. Under the landlord and tenant law, what remedies did Aston have?

A) None, because she was on a periodical tenancy.
B) To terminate the lease, then seek damages or rent adjustment.
C) To seek constructive eviction.
D) To obtain a court order for quiet enjoyment.
E) To obtain the doctrine of caveat emptor under the common law.

Question 19

In a leasehold estate, the landlord's interest in the property during the tenant's possession is a reversionary interest.

Question 20

Although the leasehold itself is in fact real property, a leasehold estate is said to be an interest in personal property.

Question 21

A(n) _____ is a transfer of something less than the entire leasehold interest.

A) assignment
B) sublease
C) open lease
D) subrogation
E) tenancy at sufferance

Question 22

James is the landlord of an apartment containing 22 houses which are to be maintained by him and Lily is one of the tenants. In which of the following cases would James be liable for an injury occurring on the leased premises?

A) The postman has been suddenly bitten by Lily's family dog.
B) A child chasing a runaway ball wanders into Lily's rented property and trips over the carpet hurting his chin badly.
C) Lily's guest suffers an electric shock while turning on a defective lamp that Lily recently bought.
D) A child slips over the banana peel that was lying in Lily's kitchen.
E) Lily's visitor trips while entering Lily's house due to the uneven flooring of the apartment.

Question 23

_____ is a statutory remedy for landlords or incoming tenants in some states and involves the peaceful removal of a holdover tenant's belongings.

A) Assignment
B) Sublease
C) Self-help
D) Rent adjustment
E) Servient eviction

Question 24

In a(n) _____, the tenant transfers all of her interest in the premises and all of her obligations.

A) accession
B) abatement
C) reversion
D) assignment
E) conversion

Question 25

James is the landlord of an apartment containing 22 houses which are to be maintained by him and Lily is one of the tenants. In which of the following cases would the tenant be liable for an injury occurring on the leased premises?

A) James was negligent in repairing the broken step on which Lily tripped and broke her ankle.
B) Lily's nephew cut his finger with the knife that was negligently kept in Lily's kitchen.
C) A little child at the apartment almost choked himself by consuming the paint that was chipping off the common wall between Lily's apartment and her neighbor's.
D) The entire apartment caught fire and the fire extinguisher could not be used since it was installed only in Lily's rented house and she was out shopping.
E) Lily's visitor got into the common lift in the apartment that suddenly crashed leading to severe injuries to Lily's visitor.

Question 26

What are the various provisions that a written lease must contain under the Statute of Frauds?

Question 27

What are the exceptions to the general rule relating to the liability of the landlord for injuries occurring in the leased premises?

Question 28

Emma's lease deed stated that she had to pay a rent of $1,000 per month, taxes of $1,500 per quarter, and specified that she refrain from playing loud music in the apartment. For business purposes Emma had to leave the city. Hence, she transferred all her interests in the lease along with the obligations to her younger sister, Emily. Emily forgot to pay the taxes during the beginning of the next quarter. Which form of transfer did Emma choose and who would be liable to the landlord for the default in the payment of taxes?

A) Assignment; Emma
B) Sublease; Emma
C) Sublease; Emily
D) Open listing; Emily
E) Tenancy at will; Emily

Question 29

When a tenant improperly overstays her lease, she is said to be a tenant at _____.

A) will.
B) constructive notice.
C) self-help.
D) sufferance.
E) termination.