Question 1

Modern contract doctrines such as unconscionability,constructive conditions,the duty to mitigate damages,and implied warranties are not applied to leases.

Accepted Answer

A) True 
 B)False

Question 2

An exculpatory clause in a lease insulates the landlord from legal responsibility in all instances of premises-related injuries suffered by tenants.

Accepted Answer

A) True 
 B)False

Question 3

Define tenancy for a term and show how it differs from periodic tenancy.

Accepted Answer

In a tenancy for a term,the landlord and

Question 4

Which of the following statements is true of a tenancy at sufferance?

Accepted Answer

A)  In this case, if the landlord opts for a new tenancy at the end of the term, it again has to be a tenancy at sufferance. 
B)  It is a tenancy in which either party may choose to conclude the tenancy at any time. 
C)  In this case, if the tenant wants to terminate the tenancy at any time, he or she can do so without notice, unlike the landlord. 
D)  It occurs when a tenant remains in possession of the property after the expiration of a lease. 
A)  In this case, if the landlord opts for a new tenancy at the end of the term, it again has to be a tenancy at sufferance. 
B)  It is a tenancy in which either party may choose to conclude the tenancy at any time. 
C)  In this case, if the tenant wants to terminate the tenancy at any time, he or she can do so without notice, unlike the landlord. 
D)  It occurs when a tenant remains in possession of the property after the expiration of a lease.

Question 5

Security deposits operate to protect the landlord's right to receive rent as well as his or her right to reversion of the property in good condition.

Accepted Answer

A) True 
 B)False

Question 6

Under the implied warranty of quiet enjoyment,a landlord:

Accepted Answer

A)  can enter the leased property during the term of the lease. 
B)  may not enter the leased property during the term of the lease. 
C)  can enter the leased property anytime as long as he or she does so quietly. 
D)  may not interfere with any matter concerning the property. 
A)  can enter the leased property during the term of the lease. 
B)  may not enter the leased property during the term of the lease. 
C)  can enter the leased property anytime as long as he or she does so quietly. 
D)  may not interfere with any matter concerning the property.

Question 7

A tenant is responsible for the care and upkeep of leased property and is required to make major repairs if the damage was caused by his or her own negligence.

Accepted Answer

A) True 
 B)False

Question 8

Federal laws often regulate lease terms.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following statements is true about a lease?

Accepted Answer

A)  It is primarily a conveyance of land with relatively little attention paid to its contractual aspects. 
B)  It generally offers a tenant greater bargaining power over the landlord. 
C)  It conveys to the tenant the exclusive right to possess property for a period of time. 
D)  It does not come under the purview of doctrines such as unconscionability. 
A)  It is primarily a conveyance of land with relatively little attention paid to its contractual aspects. 
B)  It generally offers a tenant greater bargaining power over the landlord. 
C)  It conveys to the tenant the exclusive right to possess property for a period of time. 
D)  It does not come under the purview of doctrines such as unconscionability.

Question 10

Explain the implied warranty of habitability in a lease setting.

Accepted Answer

The implied warranty of habitability in

Question 11

A tenancy at will occurs when a tenant remains in possession of the property after a lease has expired.

Accepted Answer

A) True 
 B)False

Question 12

_____ occurs when a tenant transfers to another person some,but not all,of his remaining right to possess the property.

Accepted Answer

A)  Subleasing 
B)  Assignment 
C)  Periodic tenancy 
D)  Exclusive possession 
A)  Subleasing 
B)  Assignment 
C)  Periodic tenancy 
D)  Exclusive possession

Question 13

If a landlord and a tenant agree on a specific duration of the lease and fix the date on which the tenancy will end,it is a _____.

Accepted Answer

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

Question 14

The Uniform Residential Landlord and Tenant Act (URLTA):

Accepted Answer

A)  prohibits discrimination against tenants on the basis of color, religion, race, and national origin. 
B)  prohibits the inclusion of exculpatory clauses in standard lease agreements that the landlords expect tenants to sign. 
C)  prohibits the creation of tenancy at sufferance. 
D)  prohibits the inclusion of clauses by which the tenant supposedly agrees to pay the landlord's attorney's fees in an action to enforce the lease. 
A)  prohibits discrimination against tenants on the basis of color, religion, race, and national origin. 
B)  prohibits the inclusion of exculpatory clauses in standard lease agreements that the landlords expect tenants to sign. 
C)  prohibits the creation of tenancy at sufferance. 
D)  prohibits the inclusion of clauses by which the tenant supposedly agrees to pay the landlord's attorney's fees in an action to enforce the lease.

Question 15

The implied warranty of habitability applies to property leased for commercial uses,not to residential property.

Accepted Answer

A) True 
 B)False

Question 16

If a landlord and a tenant agree that the tenant will pay rent at regular successive intervals but do not agree on a specific lease duration,the agreement is a _____.

Accepted Answer

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

Question 17

Caleb and his friend Louie agreed that Caleb would lease an apartment from Louie for three months in the summer.On the date the lease was to begin,Caleb arrived at the apartment and discovered that Louie's friend,Sheila was already living there.In this scenario,Louie has violated the:

Accepted Answer

A)  implied warranty of liability. 
B)  implied warranty of habitability. 
C)  implied warranty of no-liability. 
D)  implied warranty of possession. 
A)  implied warranty of liability. 
B)  implied warranty of habitability. 
C)  implied warranty of no-liability. 
D)  implied warranty of possession.

Question 18

Charlie and Violet signed a lease to rent an apartment from Joey.After moving into the apartment,they have a heated argument one day and Violet moves out.Under these circumstances,_____.

Accepted Answer

A)  Joey may hold Charlie responsible for the entire rent 
B)  Joey may hold Charlie liable for only half the rent 
C)  Joey may automatically terminate the lease 
D)  Joey will have to file a suit against Violet for the rent 
A)  Joey may hold Charlie responsible for the entire rent 
B)  Joey may hold Charlie liable for only half the rent 
C)  Joey may automatically terminate the lease 
D)  Joey will have to file a suit against Violet for the rent

Question 19

A periodic tenancy cannot be terminated without either party giving advance notice to the other.

Accepted Answer

A) True 
 B)False

Question 20

_____ is a remedy the tenant has for breach of implied warranty of habitability.

Accepted Answer

A)  New tenancy 
B)  Lease extension 
C)  Security deposit refund 
D)  Rent abatement 
A)  New tenancy 
B)  Lease extension 
C)  Security deposit refund 
D)  Rent abatement

Exam 35: Landlord and Tenant

Modern contract doctrines such as unconscionability,constructive conditions,the duty to mitigate damages,and implied warranties are not applied to leases.

An exculpatory clause in a lease insulates the landlord from legal responsibility in all instances of premises-related injuries suffered by tenants.

Define tenancy for a term and show how it differs from periodic tenancy.

Which of the following statements is true of a tenancy at sufferance?

Security deposits operate to protect the landlord's right to receive rent as well as his or her right to reversion of the property in good condition.

Under the implied warranty of quiet enjoyment,a landlord:

A tenant is responsible for the care and upkeep of leased property and is required to make major repairs if the damage was caused by his or her own negligence.

Federal laws often regulate lease terms.

Which of the following statements is true about a lease?

Explain the implied warranty of habitability in a lease setting.

A tenancy at will occurs when a tenant remains in possession of the property after a lease has expired.

_____ occurs when a tenant transfers to another person some,but not all,of his remaining right to possess the property.

If a landlord and a tenant agree on a specific duration of the lease and fix the date on which the tenancy will end,it is a _____.

The Uniform Residential Landlord and Tenant Act (URLTA):

The implied warranty of habitability applies to property leased for commercial uses,not to residential property.

If a landlord and a tenant agree that the tenant will pay rent at regular successive intervals but do not agree on a specific lease duration,the agreement is a _____.

Caleb and his friend Louie agreed that Caleb would lease an apartment from Louie for three months in the summer.On the date the lease was to begin,Caleb arrived at the apartment and discovered that Louie's friend,Sheila was already living there.In this scenario,Louie has violated the:

Charlie and Violet signed a lease to rent an apartment from Joey.After moving into the apartment,they have a heated argument one day and Violet moves out.Under these circumstances,_____.

A periodic tenancy cannot be terminated without either party giving advance notice to the other.

_____ is a remedy the tenant has for breach of implied warranty of habitability.

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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