Question 1

Under the doctrine of independent covenants, if an apartment is defective, the tenant can in a number of states:

Accepted Answer

None of the above. Under the doctrine of independent covenants, the tenant's obligation to pay rent is separate from the landlord's obligation to provide a habitable dwelling. Therefore, the tenant cannot withhold rent or use it to make repairs, and must continue to pay the agreed-upon rent amount. The tenant may have other legal remedies, such as suing the landlord for breach of the lease agreement or invoking state laws regarding landlord-tenant relationships.

Question 2

A landlord is generally liable to tenants injured in the following situations, except:

Accepted Answer

In general, a landlord is not liable for risks that he is not aware of, unless he is under a duty to inspect for such risks. The landlord is generally not responsible for the tenant's own negligence or for risks that the tenant is aware of. However, the landlord is liable for hidden dangers that he knew or should have known about, as well as for conditions in common areas that are not properly maintained. The landlord may also be liable for criminal acts against tenants that are foreseeable, depending on the circumstances. The landlord is also liable for injuries caused by a tenant's animals where the landlord had actual knowledge of the animal's viciousness.

Question 3

Pedro rented an apartment to Alischia for one year.Their lease prohibited Alischia from assigning her interest.However, after living in the apartment for two months, Alischia wanted to go on vacation and sublet the apartment to Don.

Accepted Answer

Subletting and assigning are different legal concepts. The lease prohibits assigning, but Alischia is subletting, which might not be prohibited by the lease terms. However, in a sublease, the original tenant (Alischia) remains responsible for the rent, not the sublessee (Don), unless an agreement states otherwise. Therefore, Don is not directly liable to Pedro for the rent.

Question 4

With regard to a landlord's duty to repair the tenant's residence:

Accepted Answer

All the statements are correct. A) reflects the traditional common law position where landlords had no duty to repair, B) represents the modern statutory requirements for habitability, and C) acknowledges that while landlords and tenants can negotiate the duty of repair, such agreements must not violate public policy or be unconscionable.

Quiz 11: Landlord and Tenant

Under the doctrine of independent covenants, if an apartment is defective, the tenant can in a number of states:

A landlord is generally liable to tenants injured in the following situations, except:

Pedro rented an apartment to Alischia for one year.Their lease prohibited Alischia from assigning her interest.However, after living in the apartment for two months, Alischia wanted to go on vacation and sublet the apartment to Don.

With regard to a landlord's duty to repair the tenant's residence: