Exam 49: Landlord Tenant Law and Land Use Regulation

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The courts of many states recognize that leased,residential premises must be fit,safe,and suitable for ordinary residential use.This rule is called:

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C

Joan rented an apartment.She has been complaining to her landlord that the roof has been leaking,and that paint is peeling from the doors.Does she have a legitimate complaint?

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C

Which of the following describes the interest of the tenant in a landlord-tenant relationship?

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E

Permanent damage by a tenant to leased premises that decreases the value of the property is known as waste.

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John had been away at college getting his bachelor's degree for 12 years and recently returned to his hometown.Some friends of his parents had a carriage house above their garage that they sometimes rented out.When John graduated,this carriage house was vacant and the owner told John that he could stay there until he found another place that he wanted.The owner initially did not want John to pay anything,but John started paying $100 a week.John then sent a note at the beginning of August saying,"Here is $500 for the month of August.I know I hadn't planned to be here this long,but I hope this is acceptable." The owner cashed the check,but the topic was never discussed.John sent $500 at the beginning of September and October,but on October 15 the owner came to John with $100 and said,"Enough is enough.Here's some of the money you gave for October.You are lucky to get that back.You have an hour to get all your stuff out of here." John says he paid for October and is not leaving.He also said that he is entitled to at least a month's notice.Discuss the type of tenancy created,if any,and the rights of the parties in these circumstances.

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Melvin was a sophomore in college and had signed a 1-year lease from August 15,2001,through August 14,2002,for an apartment near campus.Melvin's fall semester was bleak and he was not able to return to school the following semester.Therefore he made an arrangement with a friend that the friend would move into the apartment and pay rent to Melvin and Melvin would make the payments to the landlord.The rent was $700 a month on the original lease,but Melvin said his friend could pay him $650 per month.This worked for January and February,but in the middle of February Melvin told his friend that he wanted the friend to just make the payments to the landlord.For March,Melvin would pay $550 and the friend could pay $150.The $550 represented the $100 difference for the remaining five-and-a-half months on the lease.Thereafter the friend would simply pay the full $700.Melvin would have no obligations under the lease.In June,the friend went to Hawaii for the summer and quit paying the landlord.The landlord has sued Melvin seeking recovery for amounts due under the lease.Melvin claims that the arrangement with the friend was a valid assignment and that therefore Melvin is not liable.Discuss this situation.

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Absent any agreement on this topic,a landlord's duty to deliver exclusive possession of leased premises will terminate upon the following event(s):

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A tenant at sufferance may exist if a tenant retains possession of property after the expiration of a life estate.

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A tenant's interest in the property is a non-freehold estate.

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The landlord's duty to allow the tenant to peacefully possess the premises is known as:

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Under current law,which of the following is true about a landlord's duty to her tenants regarding safety of the premises?

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Rental of which of the following units is subject to the antidiscrimination housing provisions of the federal Fair Housing Act?

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Brittney lives in an apartment building that has an attached parking lot.While Brittney was walking from the parking lot to the building,she was attacked and seriously injured.Brittney sued her landlord for not having adequate security.What is the most likely outcome of this case?

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Under the warranty of quiet enjoyment,the landlord has the obligation to:

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If the government takes the real property of another,it must compensate him or her under the theory of eminent domain.

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When a tenant assigns a lease to another,all rights under the lease are transferred.

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A tenant has a duty to not use the leased premises for unlawful purposes.

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The implied warranty of habitability:

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If a tenant transfers all of his rights under a lease to another party,such that the original tenant is still liable on the lease,it is called a(n):

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At common law,how much notice was necessary to terminate a tenancy for years?

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