Filters
Question type

Study Flashcards

Interference with a tenant's quiet enjoyment of property may be in the form of an eviction.

A) True
B) False

Correct Answer

verifed

verified

"Past Due Rent." Christen operated a temporary help business. Planning to open a second office, she rented office space from Dusty. Unfortunately, her business was not doing very well, and she decided not to open a second office. Christen was able to reach an agreement with Doug whereby she transferred her entire interest in the leased property to him. The agreement she had with Dusty prohibited her from transferring her interest. Dusty, however, accepted rent payments from Doug because it was the easiest course of action. Doug started a catering business in the space. It did well during the holiday season, but Doug was unable to maintain bookings and became unable to pay the rent. Dusty called Christen and asked her to pay the rental payments reminding her that she breached the lease agreement in the first place when she transferred her interests in the lease to Doug. Christen told Dusty to forget any payments from her and hung up. Dusty wants to sue Christen for the lease payments and also for breaching the lease agreement, and he also wants to sue Doug. Christen talks to Doug and he says that he has no plans to pay Dusty because Dusty is a jerk. Doug also says that he does not believe that he has any liability to Christen if she pays Dusty. Doug says that the premises were acceptable but that Dusty is rude and money hungry, traits he finds untenable. -Which of the following is true regarding the right of Dusty to collect rent payments from Doug?


A) Dusty has no right to collect payments from Doug because the agreement he had with Christen prohibited her transferring any rights under the lease.
B) Dusty has no right to collect payments from Doug unless Christen has been adjudicated bankrupt by the bankruptcy court.
C) Dusty has the right to collect rent payments from Doug.
D) Dusty has no right to collect rent payments from Doug unless the agreement between Doug and Christen gave him that right.
E) Dusty has the right to collect rent payments from Doug unless Doug had not been making a profit while operating his business in the leased premises.

F) A) and E)
G) A) and D)

Correct Answer

verifed

verified

Which of the following is a not a type of lease that may be created?


A) Definite-term
B) Period-tenancy
C) Tenancy-at-will
D) Absolute tenancy
E) Tenancy at sufferance

F) A) and B)
G) A) and C)

Correct Answer

verifed

verified

Which of the following identifies areas such as yards, lobbies, elevators, stairs, and hallways that are used by all tenants?


A) Accessible areas
B) Use areas
C) Lessee areas
D) Leased areas
E) Common areas

F) A) and B)
G) None of the above

Correct Answer

verifed

verified

Which of the following is true regarding landlord liability in England?


A) For a landlord to be held liable due to negligence, he or she must have created the disputed defect.
B) Landlords are significantly restrained by common law in terms of their liability to the tenant at the time of letting.
C) Nuisance is not recognized as an action against landlords.
D) A landlord is strictly liable for builder created defects.
E) The law favors protection of tenants.

F) A) and C)
G) B) and E)

Correct Answer

verifed

verified

Who is generally responsible for injuries that occur in common areas based on negligent upkeep?


A) The lessees.
B) The landlord.
C) Each lessee and the landlord would owe an amount of damages determined by dividing the total damages by the number of lessees plus the landlord.
D) The landlord would owe half of the damages and the lessees would split the other half.
E) The landlord is responsible for all injuries except those occurring in any hallway for which the lessees are liable.

F) B) and C)
G) A) and B)

Correct Answer

verifed

verified

B

"Rent Increase." Conrad leased space for his hair salon from Brenda. After a few years, Brenda decided to sell the building in which the hair salon was located to Greg. Brenda told Conrad that the lease would be terminated and that whether he could stay or not depended on what he could work out with Greg. Greg told Conrad that he could stay only if he paid double the amount of rent he had been paying to Brenda and that if Conrad complained, the rent would go even higher. Conrad told Greg that Brenda had no right to make any changes and that he had the absolute right to continue paying the same set amount to Brenda until the lease expired. The lease did not address transfers. -Which of the following occurs if a tenant moves out of leased premises before the end of the term, has no intent to return, and had defaulted on rent payments?


A) Forfeiture
B) Negation
C) Surrender
D) Refusal
E) Abandonment

F) C) and D)
G) B) and E)

Correct Answer

verifed

verified

Rent can be defined as the compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises.

A) True
B) False

Correct Answer

verifed

verified

Which of the following references in some states a landlord's right to some or all of the tenant's personal property in the event that a tenant refuses to pay rent?


A) A landlord's lien
B) A landlord's personality
C) A tenant's personality
D) A protection lien
E) An eviction lien

F) All of the above
G) D) and E)

Correct Answer

verifed

verified

In the landlord-tenant relationship, the party who assumes temporary ownership of the property is the _____.


A) Tenant or lessor
B) Lessor or lessee
C) Holder or lessor
D) Holder or lessee
E) Tenant or lessee

F) B) and E)
G) A) and C)

Correct Answer

verifed

verified

A definite-term lease is also known as a[n] ______.


A) Limited-term-lease
B) Term-for-years
C) Applied-term-lease
D) Exact-term-lease
E) Approved-term-lease

F) A) and E)
G) B) and E)

Correct Answer

verifed

verified

If a tenant fails to leave the property after the termination of the lease, a[n] ______ lease is created.


A) Allowable-term
B) Period-tenancy
C) Tenancy-at-will
D) Tenancy-at-sufferance
E) Definite-term

F) None of the above
G) A) and D)

Correct Answer

verifed

verified

Rent ceilings are always illegal.

A) True
B) False

Correct Answer

verifed

verified

A[n] ______ lease automatically expires at the end of the specified term, and the landlord is not required to give any notification of termination.


A) Allowable-term
B) Periodic-tenancy
C) Tenancy-at-will
D) Tenancy-at-sufferance
E) Definite-term

F) All of the above
G) A) and C)

Correct Answer

verifed

verified

Who is responsible for upkeep of common areas?


A) The lessor
B) The lessees
C) Both the lessor and the lessee on a 50-50 basis
D) The lessor is responsible for the upkeep of all common areas except hallways.
E) The lessees are responsible for the upkeep of all common areas except hallways.

F) B) and E)
G) B) and C)

Correct Answer

verifed

verified

Which of the following is a clause in a lease agreement allowing the landlord to increase the rent in association with increases in costs of living, property taxes, or the tenant's commercial business?


A) A rent expense agreement
B) A landlord protection clause
C) A rent escalation clause
D) An inflation clause
E) A cost clause

F) A) and C)
G) All of the above

Correct Answer

verifed

verified

C

Which of the following was the result in the "Case Opener," the case in the text in which Roommates.com was sued for alleged violations of the Fair Housing Act and some California statutes because of its involvement in matching roommates?


A) That the defendant had no liability to the plaintiffs because of the concept of caveat emptor.
B) That the defendant had immunity under the Communications Decency Act.
C) That the defendant could not be held liable because neither the Fair Housing Act nor the California statutes applied to tenants looking for roommates.
D) That the defendant was enabling discrimination and was not entitled to immunity under the Communications Decency Act.
E) That the defendant was liable because it required discrimination in order to use its services.

F) A) and D)
G) A) and E)

Correct Answer

verifed

verified

Which of the following was the result in Nancy McCormick v. Robert Moran, the case in the text in which the plaintiff claimed that she was entitled to a refund of her security deposit, but the defendant claimed that she was liable for additional costs of cleaning her apartment that were incurred because of heavy smoking by tenants?


A) The court ruled that the lessee was responsible for additional costs incurred by the landlord for cleaning the smoke residue even though the lease did not specifically prohibit smoking on the premises.
B) The court ruled that the lessee was not responsible for additional costs incurred by the landlord for cleaning the smoke residue because the lease did not prohibit smoking in the apartment.
C) The court ruled that the lessee was responsible for additional costs incurred by the landlord for cleaning the smoke residue only because the lease specifically prohibited smoking in the apartment.
D) The court ruled that the lessee was responsible for one-half the additional cost incurred by the landlord for cleaning the smoke residue.
E) The court ruled that the lessee was not responsible for additional costs incurred by the landlord for cleaning the smoke residue unless the landlord could establish by additional proof that the plaintiff had failed to take appropriate steps to engage in general cleaning before she vacated the premises.

F) All of the above
G) D) and E)

Correct Answer

verifed

verified

Which of the following references the ending of a lease before its stated term by mutual agreement between the lessor and the lessee?


A) Forfeiture
B) Negation
C) Surrender
D) Refusal
E) Abandonment

F) A) and D)
G) B) and D)

Correct Answer

verifed

verified

C

Set forth the elements required for the existence of a landlord-tenant relationship.

Correct Answer

verifed

verified

A landlord-tenant relationship requires ...

View Answer

Showing 1 - 20 of 65

Related Exams

Show Answer