Question 1

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?

Accepted Answer

As a tenant, Aston has the right to a habitable living space, which includes functioning plumbing. Since Jackie has not taken any action to fix the leaky faucets despite repeated complaints, Aston has a right to terminate the lease or seek damages or rent adjustment. Constructive eviction, obtaining a court order for quiet enjoyment, and the doctrine of caveat emptor are not relevant in this scenario. The fact that Aston is on a periodical tenancy does not affect her rights as a tenant.

Question 2

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

Accepted Answer

The correct term for transferring all interest in the premises and all obligations of a lease to another party is assignment. Accession refers to the addition of new property to an existing property, abatement refers to a reduction in the amount of rent due to a defect or issue with the property, reversion refers to the return of property to the original owner at the end of a lease or other transfer, and conversion refers to the change of the use or purpose of a property.

Question 3

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?

Accepted Answer

Assignment; EmmaIn an assignment, the original tenant (assignor) transfers their entire interest in the lease to another party (assignee), making the assignee directly liable to the landlord for lease obligations. However, the original tenant remains secondarily liable if the assignee defaults, as the landlord can seek recourse from the original tenant.

Question 4

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?

Accepted Answer

In case B, the injury occurred due to Lily's negligence within her own rented space, making her liable for the injury.

Question 5

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?

Accepted Answer

Rent adjustment is a remedy where a tenant can withhold rent until the landlord takes action to remedy a problem. In this case, Robert is withholding rent until the landlord takes action against his noisy neighbor. This is not termination, which involves ending the lease early, or damages, which involve compensation for harm suffered. Constructive eviction involves a serious breach of the lease by the landlord that makes the rental unit uninhabitable, which is not the case here. Paramount title refers to ownership rights, which are not relevant in this scenario.

Question 6

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

Accepted Answer

A tenant who improperly overstays her lease is said to be a tenant at sufferance. This means she is essentially holding over without the landlord's permission and may be subject to eviction.

Question 7

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

Accepted Answer

The answer of What are the exceptions to the general...

Question 8

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?

Accepted Answer

E) Lily's visitor trips while entering Lily's house due to the uneven flooring of the apartment. - This is because the landlord, James, is responsible for maintaining the structural integrity and safety of the leased premises, which includes flooring.

Question 9

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

Accepted Answer

Self-help eviction is a statutory remedy for landlords or incoming tenants in some states and involves the peaceful removal of a holdover tenant's belongings. It allows the landlord to regain possession of a property without having to go through the formal eviction process. However, self-help eviction is not legal in all states and can be risky for landlords if it is not done properly. It is important to check the specific laws in your state before attempting a self-help eviction.

Question 10

An)_____ is a transfer of something less than the entire leasehold interest.

Accepted Answer

A sublease is a transfer of a portion of the leasehold interest, whereas an assignment is a transfer of the entire leasehold interest. An open lease, subrogation, and tenancy at sufferance are not types of transfers of the leasehold interest.

Question 11

Nancy's lease deed clearly states that she will have to pay $1,250 as rent per month and $8,000 as a one-time payment to secure her performance of duties under the lease.This $8,000 is known as:

Accepted Answer

The $8,000 one-time payment Nancy must make to secure her performance of duties under the lease is known as a security deposit. This is a common practice in leasing agreements to cover any potential damages or unpaid rent.

Question 12

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

Accepted Answer

The answer of What are the various provisions that a...

Quiz 32: Landlord and Tenant Law