Question 1

In a periodic tenancy, _____.

Accepted Answer

A)  the landlord and tenant agree on a specific duration of the lease 
B)  either party may choose to conclude the tenancy at any time 
C)  either party must give advance notice to the other to terminate the tenancy 
D)  the tenant remains in possession of the property even after the lease has expired 
A)  the landlord and tenant agree on a specific duration of the lease 
B)  either party may choose to conclude the tenancy at any time 
C)  either party must give advance notice to the other to terminate the tenancy 
D)  the tenant remains in possession of the property even after the lease has expired C

Question 2

The tenant has the right to exclusive possession and quiet enjoyment of the property during the term of the lease.

Accepted Answer

A) True 
 B)False  True

Question 3

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 A

Question 4

Under common law, the landlord had no obligation to mitigate the damages caused by the tenant's abandonment by attempting to rent the leased property to a new tenant.

Accepted Answer

A) True 
 B)False

Question 5

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 implied warranty of:

Accepted Answer

A)  liability. 
B)  habitability. 
C)  no-liability. 
D)  possession. 
A)  liability. 
B)  habitability. 
C)  no-liability. 
D)  possession.

Question 6

Dana rented a studio apartment from Mollie for one year, starting May 5, 2015 to May 5, 2016. Dana did not move out on May 5, 2016. Instead she sent Mollie a check for $300 on June 5, 2016 stating "June rent," which Mollie accepted. Mollie communicated to Dana that she was extending the lease to May 5, 2017. Dana confirmed the new tenancy and agreed to continue staying as a tenant. In this case, as of June 5, 2016, Dana is a tenant _____.

Accepted Answer

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

Question 7

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 8

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 9

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 10

Which of the following statements is true about the Fair Housing Act?

Accepted Answer

A)  It exempts landlords who use a real estate broker or own more than three houses. 
B)  It protects a landlord's rights to prevent a handicapped tenant from making modifications to the leased property. 
C)  It prohibits landlords from excluding families with children, unless the dwelling falls within the act's "housing for older persons" exception. 
D)  It does not cover discriminatory practices in various transactions affecting the rental of dwellings. 
A)  It exempts landlords who use a real estate broker or own more than three houses. 
B)  It protects a landlord's rights to prevent a handicapped tenant from making modifications to the leased property. 
C)  It prohibits landlords from excluding families with children, unless the dwelling falls within the act's "housing for older persons" exception. 
D)  It does not cover discriminatory practices in various transactions affecting the rental of dwellings.

Question 11

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 12

Explain the difference between an assignment and a sublease.

Accepted Answer

Assignment occurs when the landlord or t

Question 13

_____ 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

Question 14

There has been an increasing judicial tendency to limit the effect of exculpatory clauses or declare them unenforceable on public policy grounds when they appear in residential leases.

Accepted Answer

A) True 
 B)False

Question 15

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 16

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 17

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 18

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 19

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

Accepted Answer

When a property becomes unsuitable for t

Question 20

Consider the current trends in landlord's tort liabilities. Which of the following holds true for injuries sustained by a tenant on a leased property due to the landlord's failure to make repairs?

Accepted Answer

A)  The landlord will be liable only under standard housing codes and not under the implied warranty of habitability. 
B)  The landlord will not be liable for lack of reasonable care in their maintenance of the leased property. 
C)  The landlord will not be liable to protect tenants from substantial risks arising from use of the leased property. 
D)  The landlord will not be liable unless he or she had notice of the defect and a reasonable opportunity to make repairs. 
A)  The landlord will be liable only under standard housing codes and not under the implied warranty of habitability. 
B)  The landlord will not be liable for lack of reasonable care in their maintenance of the leased property. 
C)  The landlord will not be liable to protect tenants from substantial risks arising from use of the leased property. 
D)  The landlord will not be liable unless he or she had notice of the defect and a reasonable opportunity to make repairs.

Exam 35: Landlord and Tenant

In a periodic tenancy, _____.

The tenant has the right to exclusive possession and quiet enjoyment of the property during the term of the lease.

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

Under common law, the landlord had no obligation to mitigate the damages caused by the tenant's abandonment by attempting to rent the leased property to a new tenant.

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

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

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 _____.

Which of the following statements is true about the Fair Housing Act?

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 _____.

Explain the difference between an assignment and a sublease.

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

There has been an increasing judicial tendency to limit the effect of exculpatory clauses or declare them unenforceable on public policy grounds when they appear in residential leases.

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

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

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

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

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

Consider the current trends in landlord's tort liabilities. Which of the following holds true for injuries sustained by a tenant on a leased property due to the landlord's failure to make repairs?

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