Question 1

Generally, a surrender of property must be in writing.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is false regarding a tenant's use of rented premises?

Accepted Answer

A)   A tenant is responsible for carpet that becomes worn.
B)   A tenant is responsible for negligent damages to an apartment.
C)   A tenant has a duty not to commit waste.
D)   A tenant had a duty not to cause substantial injury to the landlord's property.
E)   A tenant may not cut down trees in the yard of rental property.F) B) and D)
G) A) and E)

Question 3

"Rent Increase." Conrad leased space for his hair salon from Brenda. After a few years, Brenda decided to sell the building in which the hair salon was located to Greg. Brenda told Conrad that the lease would be terminated and that whether he could stay or not depended on what he could work out with Greg. Greg told Conrad that he could stay only if he paid double the amount of rent he had been paying to Brenda and that if Conrad complained, the rent would go even higher. Conrad told Greg that Brenda had no right to make any changes and that he had the absolute right to continue paying the same set amount to Brenda until the lease expired. The lease did not address transfers.
-Which of the following is true regarding Conrad's statement that he had an absolute right to continue paying Brenda until the lease expired?

Accepted Answer

A)   Conrad is correct.
B)   Conrad is incorrect because while he has the right to pay the same amount, Brenda has the right to assign the right to receive the payments to Greg or someone else unless the lease terms prevent her from doing so.
C)   Conrad is correct only if he gave notice to Brenda prior to the sale that he objected to it.
D)   Conrad is correct only if there is less than one year left on his lease agreement.
E)   Conrad is correct because Brenda had no right to transfer ownership in the first place.F) A) and B)
G) D) and E)

Question 4

A[n] ______ lease is created for a recurring term, such as month to month; and it may last for an indefinite time period.

Accepted Answer

A)   Allowable-term
B)   Periodic-tenancy
C)   Tenancy-at-will
D)   Tenancy-at-sufferance
E)   Definite-termF) A) and B)
G) A) and C)

Question 5

By federal law, if a tenant vacates prior to the expiration of the lease term, the landlord has no duty to attempt to lease the property to another party.

Accepted Answer

A) True 
 B)False

Question 6

If an individual has a history of not paying rent or severely damaging premises, the landlord does not have to enter into an agreement with this person to lease premises.

Accepted Answer

A) True 
 B)False

Question 7

When may a landlord be found guilty of negligence per se for code violations?

Accepted Answer

A landlord may be found guilty of neglig...

Question 8

"Past Due Rent." Christen operated a temporary help business. Planning to open a second office, she rented office space from Dusty. Unfortunately, her business was not doing very well, and she decided not to open a second office. Christen was able to reach an agreement with Doug whereby she transferred her entire interest in the leased property to him. The agreement she had with Dusty prohibited her from transferring her interest. Dusty, however, accepted rent payments from Doug because it was the easiest course of action. Doug started a catering business in the space. It did well during the holiday season, but Doug was unable to maintain bookings and became unable to pay the rent. Dusty called Christen and asked her to pay the rental payments reminding her that she breached the lease agreement in the first place when she transferred her interests in the lease to Doug. Christen told Dusty to forget any payments from her and hung up. Dusty wants to sue Christen for the lease payments and also for breaching the lease agreement, and he also wants to sue Doug. Christen talks to Doug and he says that he has no plans to pay Dusty because Dusty is a jerk. Doug also says that he does not believe that he has any liability to Christen if she pays Dusty. Doug says that the premises were acceptable but that Dusty is rude and money hungry, traits he finds untenable.
-If Christen pays Dusty, does she have any rights to receive reimbursement from Doug?

Accepted Answer

A)   No, because she has no legal liability and is acting as a volunteer.
B)   No, because only Christen is liable on the assignment.
C)   Yes, but she would only be entitled to recover one half of the amounts because she and Doug are jointly liable to Dusty.
D)   Only if Doug specifically agreed by contract when he accepted the premises to reimburse her.
E)   Yes, Christen would have a right of reimbursement from Doug.F) All of the above
G) A) and B)

Question 9

A rent escalation clause is typically found in short-term leases.

Accepted Answer

A) True 
 B)False

Question 10

"Exercise Heat." Harold rented space for his health club operation from Holly. Holly and Harold have an ongoing dispute regarding the air conditioning. Harold wants a new unit because he says that old one needs too many repairs, but Holly says that the old unit is fine. One day after a particularly heated dispute, Harold comes to work to find that the aerobics room and one weight lifting room, areas with air conditioning problems, have been padlocked. Harold is furious and calls Holly who tells him that if the areas are so bad, then he should just stay out. Harold immediately rents different space in an adjoining building and moves his health club.
-Which of the following is the proper term for the action Holly took in locking Harold out of the areas?

Accepted Answer

A)   Reasonable action
B)   Full eviction
C)   Partial eviction
D)   Constructive eviction
E)   True evictionF) All of the above
G) None of the above

Question 11

Susan rented office space for her dog grooming business. She put in a wall to divide a room so that she would have needed storage space. When Wally, the landlord, saw what she had done, he became very angry and told her that she was liable to him for damages. Discuss any liability of Susan under the majority rule and also under the minority rule.

Accepted Answer

In most states, tenants cannot make alte...

Question 12

Which of the following is false regarding the liability of a landlord?

Accepted Answer

A)   If an injury occurs on residential premises because of a condition that the landlord knew or should have known about, the landlord can be held responsible for the injury.
B)   If the landlord is aware of a dangerous condition but does not make the tenant aware of the condition, the landlord will be responsible for any resulting injury.
C)   If the landlord is aware of a dangerous condition but hides the condition from the tenant, the landlord will be responsible for any resulting injury.
D)   If premises are used for commercial purposes, the landlord has a responsibility to ensure that the premises are in reasonably good condition before the tenant takes control of the property.
E)   If the premises are used for commercial purposes, the landlord is responsible for maintaining the premises.F) B) and D)
G) A) and B)

Question 13

Which of the following is a term referencing the failure of either the tenant or the landlord to perform a condition stated in the lease?

Accepted Answer

A)   Forfeiture
B)   Violation
C)   Refusal
D)   Negation
E)   SurrenderF) B) and D)
G) B) and E)

Question 14

In the landlord-tenant relationship, the owner of the property is called the _____.

Accepted Answer

A)   Landlord or lessor
B)   Landlord or lessee
C)   Holder or lessor
D)   Holder or lessee
E)   Holdee or lesseeF) All of the above
G) C) and E)

Question 15

"Exercise Heat." Harold rented space for his health club operation from Holly. Holly and Harold have an ongoing dispute regarding the air conditioning. Harold wants a new unit because he says that old one needs too many repairs, but Holly says that the old unit is fine. One day after a particularly heated dispute, Harold comes to work to find that the aerobics room and one weight lifting room, areas with air conditioning problems, have been padlocked. Harold is furious and calls Holly who tells him that if the areas are so bad, then he should just stay out. Harold immediately rents different space in an adjoining building and moves his health club.
-Which of the following promises in the lease did Holly breach, if any?

Accepted Answer

A)   None
B)   The covenant of real use
C)   The covenant of advantageous business practices
D)   The covenant of fair use
E)   The covenant of quiet enjoymentF) B) and E)
G) A) and C)

Question 16

When must a lease generally be in writing?

Accepted Answer

A)   Leases must always be in writing in order to be enforceable.
B)   When the lease term exceeds 9 months.
C)   When the lease term exceeds 1 year.
D)   When the lease term exceeds 18 months.
E)   When the lease term exceeds 2 years.F) C) and D)
G) A) and E)

Question 17

Which of the following was the result in Choices in Cmty. Living Inc., v. Petkus, the case in the text, the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act (FHA)  by discriminating against the cognitively disabled in the provision of housing?

Accepted Answer

A)   That the defendant did not violate the FHA because the FHA only prohibits discrimination against the physically disabled, not individuals who have cognitive disabilities.
B)   That the defendant did not violate the FHA because zoning regulations prevented renting the dwelling at issue to three or more unrelated people as requested.
C)   That the defendant did not violate the FHA because of the reasonable belief on the part of the defendant that the proposed renters would commit substantial waste and damage.
D)   That the defendant did not violate the FHA because the defendant established that more desirable renters than the disabled applicants at issue were willing to rent the property at issue.
E)   That the defendant violated the FHA.F) A) and E)
G) None of the above

Question 18

Which of the following was the result on appeal in Douglas v. Kriegsfeld Corporation, the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?

Accepted Answer

A)   The court ruled in favor of the landlord on the basis that the Fair Housing Act did not have sections requiring accommodation.
B)   The court ruled in favor of the landlord on the basis that while accommodations may be required at times under the Fair Housing Act, assisting with cleaning is not one of them.
C)   The court ruled in favor of the tenant on the basis that the tenant had established a reasonable basis supporting the need of reasonable accommodation in regard to cleaning.
D)   The court ruled in favor of the tenant on the basis that the tenant was caused additional stress due to harassment regarding rent and that, therefore, the landlord was responsible for providing assistance with cleaning.
E)   The appellate court remanded the case to the lower court for consideration of the facts according to the test outlined in its decision for determining if a requested accommodation is required.F) A) and D)
G) A) and E)

Question 19

"Exercise Heat." Harold rented space for his health club operation from Holly. Holly and Harold have an ongoing dispute regarding the air conditioning. Harold wants a new unit because he says that old one needs too many repairs, but Holly says that the old unit is fine. One day after a particularly heated dispute, Harold comes to work to find that the aerobics room and one weight lifting room, areas with air conditioning problems, have been padlocked. Harold is furious and calls Holly who tells him that if the areas are so bad, then he should just stay out. Harold immediately rents different space in an adjoining building and moves his health club.
-What rights does Harold have against Holly?

Accepted Answer

A)   Only the right to withhold rent.
B)   Only the right to bring suit against Holly for damages.
C)   Only the right to bring suit against Holly for breach of contract.
D)   The right to not pay rent, and the right to bring suit against Holly for damages or breach of contract.
E)   He has no rights unless he can prove that he at all times had acted reasonably toward Holly in the air conditioning dispute.F) A) and D)
G) A) and E)

Question 20

Which of the following was the result in Janet I. Benitez v. Sebastiano Restifo, the case in the text in which the plaintiff alleged that the landlord breached the covenant of quiet enjoyment based upon an upstairs tenant intentionally and repeatedly causing significant water leakage into the plaintiff's apartment?

Accepted Answer

A)   The court ruled that as a matter of law the landlord had no duty to control any actions of the other tenant and that the right to take action against the other tenant belonged to the plaintiff.
B)   The court ruled that the terms of the lease controlled and that because the lease gave the plaintiff the affirmative right to take court action in such cases, the landlord had no duty to do so.
C)   The court ruled that by failing to act to protect the plaintiff, the landlord was liable to the plaintiff for breach of the covenant of quiet enjoyment.
D)   The court ruled that only because the lease itself placed a duty of quiet enjoyment on the landlord, the landlord had a duty to control the actions of the upstairs tenant.
E)   The court ruled that since the actions of the tenant did not constitute a physical danger to the plaintiff, the landlord had no duty to control the actions of the tenant.F) B) and E)
G) None of the above

Exam 50: Landlord-Tenant Law

Correct Answer
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In most states, tenants cannot make alte...
View Answer

Correct Answer
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Which of the following is false regarding a tenant's use of rented premises?

Correct Answer
verified

When must a lease generally be in writing?

Correct Answer
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A rent escalation clause is typically found in short-term leases.

Correct Answer
verified

A[n] ______ lease is created for a recurring term, such as month to month; and it may last for an indefinite time period.

Correct Answer
verified

Correct Answer
verified

When may a landlord be found guilty of negligence per se for code violations?

Correct Answer
verified
A landlord may be found guilty of neglig...
View Answer

Correct Answer
verified

Which of the following was the result in Choices in Cmty. Living Inc., v. Petkus, the case in the text, the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act (FHA) by discriminating against the cognitively disabled in the provision of housing?

Correct Answer
verified

If an individual has a history of not paying rent or severely damaging premises, the landlord does not have to enter into an agreement with this person to lease premises.

Correct Answer
verified

Correct Answer
verified

By federal law, if a tenant vacates prior to the expiration of the lease term, the landlord has no duty to attempt to lease the property to another party.

Correct Answer
verified

Which of the following is a term referencing the failure of either the tenant or the landlord to perform a condition stated in the lease?

Correct Answer
verified

Correct Answer
verified

Which of the following was the result on appeal in Douglas v. Kriegsfeld Corporation, the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?

Correct Answer
verified

Generally, a surrender of property must be in writing.

Correct Answer
verified

Which of the following is false regarding the liability of a landlord?

Correct Answer
verified

Correct Answer
verified

In the landlord-tenant relationship, the owner of the property is called the _____.

Correct Answer
verified

Exam 50: Landlord-Tenant Law

Correct AnswerverifiedIn most states, tenants cannot make alte...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Which of the following is false regarding a tenant's use of rented premises?

Correct AnswerverifiedShow Answer

When must a lease generally be in writing?

Correct AnswerverifiedShow Answer

A rent escalation clause is typically found in short-term leases.

Correct AnswerverifiedShow Answer

A[n] ______ lease is created for a recurring term, such as month to month; and it may last for an indefinite time period.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

When may a landlord be found guilty of negligence per se for code violations?

Correct AnswerverifiedA landlord may be found guilty of neglig...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Which of the following was the result in Choices in Cmty. Living Inc., v. Petkus, the case in the text, the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act (FHA) by discriminating against the cognitively disabled in the provision of housing?

Correct AnswerverifiedShow Answer

If an individual has a history of not paying rent or severely damaging premises, the landlord does not have to enter into an agreement with this person to lease premises.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

By federal law, if a tenant vacates prior to the expiration of the lease term, the landlord has no duty to attempt to lease the property to another party.

Correct AnswerverifiedShow Answer

Which of the following is a term referencing the failure of either the tenant or the landlord to perform a condition stated in the lease?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in Douglas v. Kriegsfeld Corporation, the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?

Correct AnswerverifiedShow Answer

Generally, a surrender of property must be in writing.

Correct AnswerverifiedShow Answer

Which of the following is false regarding the liability of a landlord?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In the landlord-tenant relationship, the owner of the property is called the _____.

Correct AnswerverifiedShow Answer

Correct Answer
verified
In most states, tenants cannot make alte...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A landlord may be found guilty of neglig...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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