Question 1

The landlord may evict the tenant if he or she:

Accepted Answer

A)  subleases the property or assigns the property to someone else. 
B)  does not maintain common areas of the property. 
C)  does not pay rent. 
D)  does not protect the property from criminals. 
A)  subleases the property or assigns the property to someone else. 
B)  does not maintain common areas of the property. 
C)  does not pay rent. 
D)  does not protect the property from criminals. C

Question 2

Identify the correct statement about abandonment.

Accepted Answer

A)  When a tenant abandons the leased property, the landlord has a duty to accept the offer. 
B)  The landlord cannot sue the tenant for the rent due for the remainder of the term. 
C)  If a tenant abandons the leased property, he is making an offer to surrender the leasehold. 
D)  A tenant can abandon a property only after the termination of a lease. 
A)  When a tenant abandons the leased property, the landlord has a duty to accept the offer. 
B)  The landlord cannot sue the tenant for the rent due for the remainder of the term. 
C)  If a tenant abandons the leased property, he is making an offer to surrender the leasehold. 
D)  A tenant can abandon a property only after the termination of a lease. C

Question 3

A lease is a contract by which an owner of property gives another person the exclusive right to possess property for a specific amount of time.

Accepted Answer

A) True 
 B)False  True

Question 4

Statutes or ordinances designed to prevent abuse of security deposits by landlords:

Accepted Answer

A)  prevent withholding security deposits for nonpayment of rent. 
B)  require that the security deposits be refundable. 
C)  allow landlords to withhold security deposits when the property is damaged by ordinary wear and tear. 
D)  prohibit landlords from taking advance payments of rents from tenants. 
A)  prevent withholding security deposits for nonpayment of rent. 
B)  require that the security deposits be refundable. 
C)  allow landlords to withhold security deposits when the property is damaged by ordinary wear and tear. 
D)  prohibit landlords from taking advance payments of rents from tenants.

Question 5

Under the traditional no-liability rule,landlords are granted immunity from tort actions if the defects arise during the term of the lease.

Accepted Answer

A) True 
 B)False

Question 6

To be enforceable,most states require that a lease must be in writing if it is for a term of more than _____.

Accepted Answer

A)  three months from the date it is made 
B)  one month from the date it is made 
C)  one year from the date it is made 
D)  six months from the date it is made 
A)  three months from the date it is made 
B)  one month from the date it is made 
C)  one year from the date it is made 
D)  six months from the date it is made

Question 7

A lease can be terminated early by _____.

Accepted Answer

A)  an assignment 
B)  a party's material breach of the lease 
C)  the landlord's unanimous decision 
D)  a subleasing agreement 
A)  an assignment 
B)  a party's material breach of the lease 
C)  the landlord's unanimous decision 
D)  a subleasing agreement

Question 8

Title III of the Americans with Disabilities Act applies to landlords leasing:

Accepted Answer

A)  religious organizations and private clubs. 
B)  a place of public accommodation. 
C)  private property accommodating more than two people. 
D)  private residential property for public use. 
A)  religious organizations and private clubs. 
B)  a place of public accommodation. 
C)  private property accommodating more than two people. 
D)  private residential property for public use.

Question 9

Laila rented an apartment from Imani Inc.Her guest,Joseph,slipped on a banana peel on the common stairway as he entered the apartment building.Given the scenario,_____.

Accepted Answer

A)  Laila is liable for Joseph's injury as she invited him to the apartment 
B)  Imani Inc. will be liable to Laila only 
C)  Joseph can recover compensation from Imani Inc. if he can show that it did not use reasonable care in maintaining the stairway 
D)  Joseph cannot recover compensation from Imani Inc. as he is not its tenant 
A)  Laila is liable for Joseph's injury as she invited him to the apartment 
B)  Imani Inc. will be liable to Laila only 
C)  Joseph can recover compensation from Imani Inc. if he can show that it did not use reasonable care in maintaining the stairway 
D)  Joseph cannot recover compensation from Imani Inc. as he is not its tenant

Question 10

Under what circumstances can a tenant invoke the doctrine of constructive eviction?

Accepted Answer

When a property becomes unsuitable for t

Question 11

Dana rented a studio apartment from Mollie for one year,starting May 5,1989 to May 5,1990.Dana did not move out on May 5,1990.Instead she sent Mollie a check for $300 on June 5,1990 stating "June rent",which Mollie accepted.Mollie communicated to Dana that she was extending the lease to May 5,1991.Dana confirmed the new tenancy and agreed to continue staying as a tenant.In this case,as of June 5,1990,Dana is a _____.

Accepted Answer

A)  tenant at will 
B)  tenant at sufferance 
C)  tenant with a periodic tenancy 
D)  tenant for a term 
A)  tenant at will 
B)  tenant at sufferance 
C)  tenant with a periodic tenancy 
D)  tenant for a term

Question 12

If damage to leased property arises through no fault of the tenant,that tenant still has a duty to take interim steps in order to prevent further damage from the elements.

Accepted Answer

A) True 
 B)False

Question 13

When tenants transfer all of their remaining rights under a lease to a third party,a(n)_____ occurs.

Accepted Answer

A)  assignment 
B)  sublease 
C)  constructive eviction 
D)  termination 
A)  assignment 
B)  sublease 
C)  constructive eviction 
D)  termination

Question 14

Landlords are insurers of the safety of persons on their property.

Accepted Answer

A) True 
 B)False

Question 15

Constructive eviction is an unattractive option for some tenants because the tenant:

Accepted Answer

A)  has to share the repair expenses with the landlord. 
B)  cannot terminate the lease. 
C)  is required to vacate the leased premises. 
D)  is obligated to pay the rent for the remaining period of the lease. 
A)  has to share the repair expenses with the landlord. 
B)  cannot terminate the lease. 
C)  is required to vacate the leased premises. 
D)  is obligated to pay the rent for the remaining period of the lease.

Question 16

Explain the difference between an assignment and a sublease.

Accepted Answer

Assignment occurs when the landlord or t

Question 17

Constructive eviction enables a tenant to terminate the lease on a property because she has effectively been evicted as a result of the poor condition or the objectionable circumstances there.

Accepted Answer

A) True 
 B)False

Question 18

An exception to the traditional no-liability rule is that the landlord has the duty:

Accepted Answer

A)  to ask the tenant to maintain common areas. 
B)  not to commit waste on the property. 
C)  to use reasonable care in performing repairs. 
D)  to get the property in as good a condition as it was when leased. 
A)  to ask the tenant to maintain common areas. 
B)  not to commit waste on the property. 
C)  to use reasonable care in performing repairs. 
D)  to get the property in as good a condition as it was when leased.

Question 19

The implied warranty of habitability in lease situations requires:

Accepted Answer

A)  the landlord to ensure that the property is suitable for living. 
B)  the tenants to maintain a habitable dwelling during the term of the lease. 
C)  the tenants to comply with the city's housing codes. 
D)  the landlord to terminate the lease if the warranty has been breached. 
A)  the landlord to ensure that the property is suitable for living. 
B)  the tenants to maintain a habitable dwelling during the term of the lease. 
C)  the tenants to comply with the city's housing codes. 
D)  the landlord to terminate the lease if the warranty has been breached.

Question 20

Which of the following is a tenant's right?

Accepted Answer

A)  The tenant has the right to exclusive possession of the property only if there is an explicit warranty of possession and habitability. 
B)  The landlord is not entitled to enter the leased property without the tenant's consent, unless the lease specifies this. 
C)  The landlord cannot act under an express lease provision and enter the leased property. 
D)  The tenant has the right to commit waste on the property and expect the landlord to fix or repair the damage. 
A)  The tenant has the right to exclusive possession of the property only if there is an explicit warranty of possession and habitability. 
B)  The landlord is not entitled to enter the leased property without the tenant's consent, unless the lease specifies this. 
C)  The landlord cannot act under an express lease provision and enter the leased property. 
D)  The tenant has the right to commit waste on the property and expect the landlord to fix or repair the damage.

Exam 35: Landlord and Tenant

The landlord may evict the tenant if he or she:

Identify the correct statement about abandonment.

A lease is a contract by which an owner of property gives another person the exclusive right to possess property for a specific amount of time.

Statutes or ordinances designed to prevent abuse of security deposits by landlords:

Under the traditional no-liability rule,landlords are granted immunity from tort actions if the defects arise during the term of the lease.

To be enforceable,most states require that a lease must be in writing if it is for a term of more than _____.

A lease can be terminated early by _____.

Title III of the Americans with Disabilities Act applies to landlords leasing:

Laila rented an apartment from Imani Inc.Her guest,Joseph,slipped on a banana peel on the common stairway as he entered the apartment building.Given the scenario,_____.

Under what circumstances can a tenant invoke the doctrine of constructive eviction?

If damage to leased property arises through no fault of the tenant,that tenant still has a duty to take interim steps in order to prevent further damage from the elements.

When tenants transfer all of their remaining rights under a lease to a third party,a(n)_____ occurs.

Landlords are insurers of the safety of persons on their property.

Constructive eviction is an unattractive option for some tenants because the tenant:

Explain the difference between an assignment and a sublease.

Constructive eviction enables a tenant to terminate the lease on a property because she has effectively been evicted as a result of the poor condition or the objectionable circumstances there.

An exception to the traditional no-liability rule is that the landlord has the duty:

The implied warranty of habitability in lease situations requires:

Which of the following is a tenant's right?

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Propertypart Two Contracts

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remediespart Three Sales

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contractspart Four Agency and Employment

The Agency Relationship-Creation, duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws-Part Five Business Organizations

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountantspart Six Property

Personal Property and Bailments

Real Property

Estates and Trusts

Insurance-Part Seven Commercial Paper

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers-Part Eight Credit Transactions

Introduction to Security

Security Interests in Personal Property

Bankruptcy-Part Nine Government Regulation

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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