Question 1

a(n. _____ 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, while an assignment is the transfer of the entire leasehold interest. A sublease allows the original tenant to retain some interest in the property and may still be responsible for the terms and conditions of the original lease.

Question 2

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

James would be liable if the injury is due to a defect in the common areas or structural issues of the property that he is responsible for maintaining, such as uneven flooring.

Question 3

_____ 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 is a statutory remedy in some states that allows landlords or incoming tenants to peacefully remove a holdover tenant's belongings without involving the courts, as long as the process is carried out in a legal and peaceful manner. This remedy is often used when the holdover tenant has refused to vacate the property after the lease or rental agreement has expired. The landlord or incoming tenant can use self-help to remove the tenant's belongings and change the locks to secure the property. However, self-help is not legal in all states and can result in liability if not carried out correctly.

Question 4

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

Accepted Answer

An assignment is when the tenant transfers all of their interest in the premises and all of their obligations to another party. A is incorrect because accession refers to adding something to the property, like a new building. B is incorrect because abatement is a reduction or decrease, typically used in reference to rent. C is incorrect because reversion is when ownership of the property returns to the original owner after a specific time period or event. E is incorrect because conversion is when a property is changed from one use to another, such as converting a warehouse into a residential space.

Question 5

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

Lily would be liable for an injury occurring on the leased premises if the injury resulted from her own negligence or that of her guests. In this case, Lily's nephew cut his finger with a knife that was negligently kept in Lily's kitchen, which means that Lily could potentially be held liable for the injury. The other options involve situations where James (the landlord) would be liable for the injuries, as they relate to the condition of the apartment or the actions of other tenants in the building.

Question 6

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...

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

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

Emma chose an assignment, which transfers all interests and obligations to Emily. Therefore, Emily is liable for the default in the payment of taxes.

Question 9

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

Accepted Answer

When a tenant improperly overstays her lease, she is said to be a tenant at sufferance. This means that the tenant no longer has any legal right to occupy the property but is there only at the sufferance of the landlord.

Quiz 35: Landlord and Tenant Law