Question 1

Modern day law states that if a landlord has a lien on the tenant's personal property,the landlord can remove or hold such property of the tenant.

Accepted Answer

A) True 
 B)False  False

Question 2

A ________ occurs when a tenant remains in possession of the property (holds over)after a lease has expired.

Accepted Answer

A) periodic tenancy 
B) tenancy at sufferance 
C) tenancy at will 
D) month-to-month tenancy 
A) periodic tenancy 
B) tenancy at sufferance 
C) tenancy at will 
D) month-to-month tenancy B

Question 3

An implied warranty of habitability in the leased property makes the landlord the insurer of the tenant's safety.

Accepted Answer

A) True 
 B)False  False

Question 4

When a tenant remains in possession of the property after the expiration of a lease,a tenancy at will occurs.

Accepted Answer

A) True 
 B)False

Question 5

In Brooks v.Lewin Realty III,Inc. ,the case in the text,the court held that:

Accepted Answer

A) the landlord could be liable for injuries to a child that were caused by the landlord's breach of the implied warranty of habitability. 
B) the landlord could not be liable for injuries to a child when the landlord had no duty to keep the rental premises in repair during the lease term. 
C) the landlord could not be liable for injuries to a child when the landlord had no duty to inspect the rental premises during the lease term. 
D) the landlord could be liable for injuries to a child that were caused by the landlord's failure to comply with the city's housing code. 
A) the landlord could be liable for injuries to a child that were caused by the landlord's breach of the implied warranty of habitability. 
B) the landlord could not be liable for injuries to a child when the landlord had no duty to keep the rental premises in repair during the lease term. 
C) the landlord could not be liable for injuries to a child when the landlord had no duty to inspect the rental premises during the lease term. 
D) the landlord could be liable for injuries to a child that were caused by the landlord's failure to comply with the city's housing code.

Question 6

Gertrude has not paid rent for five months and Mary,her landlord,wants to evict her.While Gertrude is at work,Mary enters the apartment and changes the lock.Mary moves all of Gertrude's belongings into a storage locker.When Gertrude comes home from work,Mary gives her the key to the storage locker.Which of the following is an accurate statement?

Accepted Answer

A) Mary was not entitled to act as she did because Gertrude was only five months behind in her rent. 
B) Mary was entitled to act as she did because she protected Gertrude's belongings by placing them in a storage locker. 
C) Mary was entitled to act as she did because a landlord has a right to "self help" in a situation like this. 
D) Mary was not entitled to act as she did and she performed an illegal eviction. 
A) Mary was not entitled to act as she did because Gertrude was only five months behind in her rent. 
B) Mary was entitled to act as she did because she protected Gertrude's belongings by placing them in a storage locker. 
C) Mary was entitled to act as she did because a landlord has a right to "self help" in a situation like this. 
D) Mary was not entitled to act as she did and she performed an illegal eviction.

Question 7

Larry leased an apartment to Terry.The lease agreement prohibits Terry from assigning or subletting the property without Larry's consent.Such a provision:

Accepted Answer

A) is generally void. 
B) is unenforceable,unless Larry changes his mind. 
C) is unenforceable,unless Terry needs to sublet the property. 
D) is generally enforceable. 
A) is generally void. 
B) is unenforceable,unless Larry changes his mind. 
C) is unenforceable,unless Terry needs to sublet the property. 
D) is generally enforceable.

Question 8

Under the doctrine of constructive eviction,a tenant may terminate a lease because the condition of the property is unsuitable for the purposes for which it was leased.

Accepted Answer

A) True 
 B)False

Question 9

June included an exculpatory clause in the lease agreement for her house that May was renting.During her lease period,May slipped and fell on the staircase,which was made of faulty and rotten floorboards.Based on modern legal trends,can May recover damages from June if she files a lawsuit?

Accepted Answer

A) Yes,because June is responsible for the care of the premises and many courts are declaring exculpatory clauses as unenforceable. 
B) Yes,because the lease period is not yet over. 
C) No,because May should have been more careful. 
D) No,because courts will probably enforce the exculpatory clause. 
A) Yes,because June is responsible for the care of the premises and many courts are declaring exculpatory clauses as unenforceable. 
B) Yes,because the lease period is not yet over. 
C) No,because May should have been more careful. 
D) No,because courts will probably enforce the exculpatory clause.

Question 10

According to the majority of states,if a tenant abandons the leased property before the expiration of the lease,the landlord has a duty to mitigate damages.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is not a remedy that may be pursued by a tenant for a landlord's breach of implied warranty of habitability?

Accepted Answer

A) Action for damages measured by the diminished value of the leasehold 
B) Termination of the lease when the breach is substantial to constitute a material breach 
C) Rent abatement to reflect the actual value of the leasehold in its defective condition 
D) Request an injunction 
A) Action for damages measured by the diminished value of the leasehold 
B) Termination of the lease when the breach is substantial to constitute a material breach 
C) Rent abatement to reflect the actual value of the leasehold in its defective condition 
D) Request an injunction

Question 12

Jill is a month-to-month tenant.She had not paid her rent for three months and Landlord Lou decided to evict her.He placed her furniture in a storage locker and changed the lock on her apartment.Lou's actions are:

Accepted Answer

A) proper because Jill breached her obligations as a tenant. 
B) proper because a landlord may evict a month-to-month tenant for any reason. 
C) improper because the law allows a landlord a reasonable right of "self-help." 
D) improper because Lou should have gone to court and obtained an order of eviction. 
A) proper because Jill breached her obligations as a tenant. 
B) proper because a landlord may evict a month-to-month tenant for any reason. 
C) improper because the law allows a landlord a reasonable right of "self-help." 
D) improper because Lou should have gone to court and obtained an order of eviction.

Question 13

Paul,an East State University physics major,rented an apartment from Jayvee Villas,Inc.for one year,beginning September 1,1999.The lease contained a term giving Paul the right to renew his lease for an additional year,at a rent increase of $25 per month by giving notice to the landlord of his intent to renew at least 30 days before the termination of the lease.After the fall semester,Paul had an opportunity to study in Spain,so he assigned his lease to Joel for the remainder of the months covered by the lease (January 2000 through August 2000).If Joel failed to pay the rent for the month of August 2000,is Paul liable for the unpaid rent? Why or why not? Assuming now that Joel is not in arrears on the rent as of July and August 2000,would he (Joel)have the right to renew the lease under its renewal term? Discuss.

Accepted Answer

If Joel fails to pay any portion of the

Question 14

In regard to a handicapped tenant,a landlord:

Accepted Answer

A) must make reasonable modifications to the leased property at the landlord's own expense. 
B) must permit the handicapped tenant to make reasonable modifications to the leased property at his own expense. 
C) can refuse to make reasonable accommodations in rules-even if such accommodations are necessary for the handicapped tenant to have equal opportunity to use and enjoyment of the leased premises. 
D) can charge a handicapped tenant against his security deposit for normal wear and tear. 
A) must make reasonable modifications to the leased property at the landlord's own expense. 
B) must permit the handicapped tenant to make reasonable modifications to the leased property at his own expense. 
C) can refuse to make reasonable accommodations in rules-even if such accommodations are necessary for the handicapped tenant to have equal opportunity to use and enjoyment of the leased premises. 
D) can charge a handicapped tenant against his security deposit for normal wear and tear.

Question 15

Which of the following statements about security deposits is false?

Accepted Answer

A) Security deposit laws generally require landlords to provide tenants with a written accounting of their security deposits and any portions being withheld. 
B) Local law dictates when a landlord must provide accounting for a security deposit. 
C) The landlord's failure to comply with the law on security deposits may cause the landlord to experience adverse consequences,which vary state by state. 
D) Most states require the security deposit to be in an interest-bearing account when the tenancy term is more than three years. 
A) Security deposit laws generally require landlords to provide tenants with a written accounting of their security deposits and any portions being withheld. 
B) Local law dictates when a landlord must provide accounting for a security deposit. 
C) The landlord's failure to comply with the law on security deposits may cause the landlord to experience adverse consequences,which vary state by state. 
D) Most states require the security deposit to be in an interest-bearing account when the tenancy term is more than three years.

Question 16

A(n)________ is a contract under which the landlord conveys to the tenant the exclusive right to possess property for a period of time.

Accepted Answer

A) estate 
B) assignment 
C) tenancy 
D) lease 
A) estate 
B) assignment 
C) tenancy 
D) lease

Question 17

What is the term for when a tenant unjustifiably and permanently vacates the leased premises before the lease term and defaults on payment of rent?

Accepted Answer

A) Foreclosure 
B) Sublease 
C) Abandonment 
D) Eviction 
A) Foreclosure 
B) Sublease 
C) Abandonment 
D) Eviction

Question 18

Maggie,the tenant under a one-year lease of an apartment,assigned the lease to her friend,Cosmo.Which of the following is a legally accurate statement?

Accepted Answer

A) Maggie's assignment of the lease is the same thing as the granting of a sublease. 
B) If Cosmo fails to pay rent during the year covered by the lease,Maggie will be liable for it. 
C) The assignment extinguishes any further obligations Maggie may have under the lease. 
D) Maggie's assignment is called a tenancy for a period. 
A) Maggie's assignment of the lease is the same thing as the granting of a sublease. 
B) If Cosmo fails to pay rent during the year covered by the lease,Maggie will be liable for it. 
C) The assignment extinguishes any further obligations Maggie may have under the lease. 
D) Maggie's assignment is called a tenancy for a period.

Question 19

Under a tenancy at will,property is leased for an indefinite period of time with an agreement to pay rent regularly.

Accepted Answer

A) True 
 B)False

Question 20

Darwin,a college student,leased a flat for 15 months that was to terminate in December 2009.Meanwhile,he had to go to New Jersey for a project,so he sublet his flat to a friend.Under these circumstances:

Accepted Answer

A) Darwin is not liable to the original owner anymore. 
B) Darwin has not transferred his remaining rights to his friend. 
C) Darwin has performed an illegal act. 
D) Darwin has actually performed an assignment. 
A) Darwin is not liable to the original owner anymore. 
B) Darwin has not transferred his remaining rights to his friend. 
C) Darwin has performed an illegal act. 
D) Darwin has actually performed an assignment.

Exam 25: Landlord and Tenant

Modern day law states that if a landlord has a lien on the tenant's personal property,the landlord can remove or hold such property of the tenant.

A ________ occurs when a tenant remains in possession of the property (holds over)after a lease has expired.

An implied warranty of habitability in the leased property makes the landlord the insurer of the tenant's safety.

When a tenant remains in possession of the property after the expiration of a lease,a tenancy at will occurs.

In Brooks v.Lewin Realty III,Inc. ,the case in the text,the court held that:

Larry leased an apartment to Terry.The lease agreement prohibits Terry from assigning or subletting the property without Larry's consent.Such a provision:

Under the doctrine of constructive eviction,a tenant may terminate a lease because the condition of the property is unsuitable for the purposes for which it was leased.

June included an exculpatory clause in the lease agreement for her house that May was renting.During her lease period,May slipped and fell on the staircase,which was made of faulty and rotten floorboards.Based on modern legal trends,can May recover damages from June if she files a lawsuit?

According to the majority of states,if a tenant abandons the leased property before the expiration of the lease,the landlord has a duty to mitigate damages.

Which of the following is not a remedy that may be pursued by a tenant for a landlord's breach of implied warranty of habitability?

Jill is a month-to-month tenant.She had not paid her rent for three months and Landlord Lou decided to evict her.He placed her furniture in a storage locker and changed the lock on her apartment.Lou's actions are:

In regard to a handicapped tenant,a landlord:

Which of the following statements about security deposits is false?

A(n)________ is a contract under which the landlord conveys to the tenant the exclusive right to possess property for a period of time.

What is the term for when a tenant unjustifiably and permanently vacates the leased premises before the lease term and defaults on payment of rent?

Maggie,the tenant under a one-year lease of an apartment,assigned the lease to her friend,Cosmo.Which of the following is a legally accurate statement?

Under a tenancy at will,property is leased for an indefinite period of time with an agreement to pay rent regularly.

Darwin,a college student,leased a flat for 15 months that was to terminate in December 2009.Meanwhile,he had to go to New Jersey for a project,so he sublet his flat to a friend.Under these circumstances:

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

Filters