Question 1

Which of the following concepts were considered in Gradjelick v. Hance, the case in the text in which the plaintiff alleged that the landlord exacerbated a fire caused by another tenant smoking, by failing to maintain the premises?

Accepted Answer

A)   The court articulated the test for per se code violations.
B)   The court considered how a rent escalation clause would impact the landlord-tenant relationship.
C)   The court ruled that by failing to act to protect the plaintiff, the landlord was liable to the plaintiff for breach of the covenant of quiet enjoyment.
D)   The court ruled that only because the lease itself placed a duty of quiet enjoyment on the landlord, the landlord had a duty to control the actions of the upstairs tenant.
E)   The court contemplated the issue related to a landlord's lien in the context of the case.F) C) and E)
G) B) and D)

Question 2

[Rent Dispute] Willa and Jessica are negotiating a lease with Jeri, who owns an apartment building. Jeri offers them a lease from March 1 until February 28 of the following year. However, Willa and Jessica do not want to be locked into a year lease and tell Jeri they prefer to pay each month they intend to live in the apartment. Jeri tells them she's tired of renting to people of their race and refuses to rent them the apartment.
-What type of lease did Jessica and Willa want to enter?

Accepted Answer

A)   A definite-term lease
B)   A periodic-tenancy lease
C)   A tenancy-at-will lease
D)   A tenancy-at-sufferance lease
E)   A monthly-term leaseF) None of the above
G) B) and E)

Question 3

One of the covenants made by a lessee is a covenant of quiet enjoyment.

Accepted Answer

A) True 
 B)False

Question 4

[Lease Payments] Wu operated a medical transcription business. Planning to open a second office, she rented office space from Matt. Unfortunately, her business didn't do as well as she'd expected, and she decided against opening a second office after she signed the lease. Wu was able to reach an agreement with DeAndre whereby she transferred her entire interest in the leased property to him. The agreement she had with Matt prohibited her from transferring her interest. Matt, however, accepted rent payments from DeAndre because it was the easiest course of action. DeAndre started a catering business in the space. It did well during the holiday season, but DeAndre was unable to maintain bookings and became unable to pay the rent in the spring. Matt called Wu and asked her to pay the rental payments, reminding her that she breached the lease agreement in the first place when she transferred her interest in the lease to DeAndre. Wu told Matt to forget any payments from her and hung up. Matt wants to sue Wu for the lease payments and also for breaching the lease agreement, and he also wants to sue DeAndre. Wu talks to DeAndre, who says that he also has no plans to pay Matt. DeAndre also says that he does not believe he has any liability to Wu if she pays Matt. DeAndre says that the premises were acceptable but he wants out of the catering business.
-If Wu pays Matt, does she have any rights to receive reimbursement from DeAndre?

Accepted Answer

A)   No, because she has no legal liability and is acting as a volunteer.
B)   No, because only Wu is liable on the assignment.
C)   Yes, but she would only be entitled to recover one half of the amounts because she and DeAndre are jointly liable to Matt.
D)   Only if DeAndre specifically agreed by contract when he accepted the premises to reimburse her.
E)   Yes, Wu would have a right of reimbursement from DeAndre.F) None of the above
G) A) and E)

Question 5

In the landlord-tenant relationship, liability for injuries depends on the type and severity of injury.

Accepted Answer

A) True 
 B)False

Question 6

A landlord does not have to enter into an agreement to lease premises to an individual who has a history of not paying rent or severely damaging premises.

Accepted Answer

A) True 
 B)False

Question 7

[Overstaying Tenants] Curtis signs a lease with Ricardo for Curtis to rent a storefront for his costume shop starting on the first of March. After Ricardo gives Curtis the key on March 1, Curtis learns that the previous tenant, a t-shirt business, has not moved out. Curtis tells Ricardo that he is responsible for removing the t-shirt business from the storefront; however, after several weeks of waiting for possession, Curtis tells Ricardo that he wants his money back for the time he waited and breaks the lease.
-If the previous tenant continues to pay rent beyond the term of his lease, what type of lease is created?

Accepted Answer

A)   A tenancy-at-suffrage.
B)   A tenancy-at-sufferance.
C)   A tenancy-at-will.
D)   A periodic-tenancy.
E)   A definite-term lease.F) B) and E)
G) B) and D)

Question 8

[Skyrocketing Rent] Ethan leased space for his health food store from Simone. After a few years, Simone decided to sell the building in which the health food store was located to Mack. Simone told Ethan that the lease would be terminated and that whether he could stay or not depended on what he could work out with Mack. Mack told Ethan that he could stay only if he paid double the amount of rent he had been paying to Simone and that if Ethan complained, the rent would go even higher. Ethan told Mack that Simone had no right to make any changes and that he had the absolute right to continue paying the same set amount to Simone until the lease expired. The lease did not address transfers.
-Which statement is true regarding whether Simone had the right to sell the building to Mack?

Accepted Answer

A)   Simone did not have the right to sell the building to Mack during the term of the lease; and Ethan has the right to get a court order preventing her from doing so.
B)   Simone had the right to sell the building to Mack during the term of the lease only if she can establish financial exigencies.
C)   Simone had the right to sell the building to Mack only if there is less than one year's time left on Ethan's lease.
D)   Simone had the right to sell the building to Mack only if there is less than six months' time left on Ethan's lease.
E)   Simone had the right to sell the building to Mack.F) A) and B)
G) A) and C)

Question 9

A lease generally becomes void upon the transfer of ownership of the property.

Accepted Answer

A) True 
 B)False

Question 10

A landlord who negligently made repairs to the premises can be held responsible for injuries.

Accepted Answer

A) True 
 B)False

Question 11

If the landlord or the tenant fail to perform a condition stated in the lease, the party's breach is referred to as a(n)  ________.

Accepted Answer

A)   forfeiture
B)   violation
C)   promissory breach
D)   irrevocable failure
E)   surrenderF) A) and B)
G) A) and C)

Question 12

In Nari's state, a landlord has thirty days to return a security deposit. If Nari's landlord fails to return her security deposit and Nari files suit, what remedy might Nari be entitled to recover?

Accepted Answer

A)   Nari is only entitled to recover the cost of her security deposit, so long as there was no damage.
B)   The security deposit, plus punitive and compensatory damages, plus attorney fees.
C)   The security deposit, plus punitive and compensatory damages.
D)   The security deposit, plus punitive damages.
E)   The security deposit, plus attorney fees.F) A) and E)
G) A) and D)

Question 13

Brauman has fallen in love and follows his love to Europe, leaving his apartment with no intent to return or pay future rents. This is known as ________.

Accepted Answer

A)   abandonment
B)   surrender
C)   illegal breach
D)   remediation
E)   forfeitureF) B) and D)
G) B) and E)

Question 14

Jonah leases an apartment from Amy and pays rent of two months in advance, plus a damage deposit. Unfortunately, when Jonah attempts to move in, he finds that Eliza is living in the apartment. Eliza tells Jonah that Amy had no right to ask her to leave and that she is staying put. Which of the following is true, assuming that Eliza has no legal right to occupy the premises?

Accepted Answer

A)   In the majority of states, the landlord is required to remove the previous tenant or break the agreement with the new tenant.
B)   In a majority of states, the landlord is required to simply provide legal possession of the premises and has no responsibility to see that the previous tenant leaves.
C)   In a majority of states Jonah and Amy would have to split any costs involved in removing Eliza from the premises.
D)   In a majority of states, Jonah would be required to initiate legal action to remove Eliza, but he would be entitled to reimbursement from Jonah.
E)   In a majority of states, Jonah could have Amy put in jail if she did not have Eliza removed within 30 days.F) A) and D)
G) A) and C)

Question 15

[Climate-Control Conflict] Pablo rented space for his personal training business from Natalia. Natalia and Pablo have an ongoing dispute regarding the air conditioning. Pablo wants a new unit because he says the old one needs repairs too often, but Natalia says that the old unit is fine. One day after a particularly fierce dispute, Pablo comes to work to find that the aerobics room and weight lifting room, areas with air conditioning problems, have been padlocked. Pablo is furious and calls Natalia who tells him that if the areas are so bad, then he should just stay out. Pablo immediately rents different space in a nearby building and moves his business.
-What rights does Pablo have against Natalia?

Accepted Answer

A)   Only the right to withhold rent.
B)   Only the right to bring suit against Natalia for damages.
C)   Only the right to bring suit against Natalia for breach of contract.
D)   The right to not pay rent, and the right to bring suit against Natalia for damages or breach of contract.
E)   He has no rights unless he can prove that he at all times had acted reasonably toward Natalia in the air conditioning dispute.F) C) and D)
G) A) and B)

Question 16

Mavis leases space for her restaurant from Homer. Mavis is concerned that she will be responsible for injuries incurred by customers of the restaurant. For which of the following injuries to customers would Mavis most likely be responsible?

Accepted Answer

A)   A customer falls inside the kitchen.
B)   A customer falls inside a room marked "Employees Only".
C)   A customer slips and falls on a wet floor near the guest bathroom.
D)   The tenant is never responsible for injuries to customers.
E)   The tenant is always responsible for injuries to customers.F) B) and E)
G) B) and D)

Question 17

Which of the following was the result in Choices in Cmty. Living Inc., v. Petkus, the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act (FHA)  by discriminating against the cognitively disabled in the provision of housing?

Accepted Answer

A)   That the defendant did not violate the FHA because the FHA only prohibits discrimination against the physically disabled, not individuals who have cognitive disabilities.
B)   That the defendant did not violate the FHA because zoning regulations prevented renting the dwelling at issue to three or more unrelated people, as requested by the plaintiffs.
C)   That the defendant did not violate the FHA because of the reasonable belief on the part of the defendant that the proposed renters would commit substantial waste and damage.
D)   That the defendant did not violate the FHA because the defendant established that more desirable renters than the disabled applicants at issue were willing to rent the property at issue.
E)   That the defendant violated the FHA.F) A) and D)
G) B) and C)

Question 18

Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease?

Accepted Answer

A)   Unless prohibited by the lease agreement, both the landlord and the tenant may transfer their respective interests in the property.
B)   Unless prohibited by the lease agreement, the tenant may transfer his or her interest in the property, but the interest of the landlord may not be transferred.
C)   Unless prohibited by the lease agreement, the landlord may transfer his or her interest in the property, but the interest of the tenant may not be transferred.
D)   If the lease is silent on the matter, neither the landlord nor the tenant may transfer his or her respective interests in the property.
E)   Only if the lease is for a period of one year or more may both the landlord and the tenant transfer their respective interests in the property unless prohibited by the lease agreement.F) A) and B)
G) A) and C)

Question 19

[Skyrocketing Rent] Ethan leased space for his health food store from Simone. After a few years, Simone decided to sell the building in which the health food store was located to Mack. Simone told Ethan that the lease would be terminated and that whether he could stay or not depended on what he could work out with Mack. Mack told Ethan that he could stay only if he paid double the amount of rent he had been paying to Simone and that if Ethan complained, the rent would go even higher. Ethan told Mack that Simone had no right to make any changes and that he had the absolute right to continue paying the same set amount to Simone until the lease expired. The lease did not address transfers.
-Which statement is true regarding whether Mack has the right to raise the rent?

Accepted Answer

A)   Mack had the right to double the rent, but that was the maximum amount that he could raise it.
B)   Mack could raise the rent as high as he wanted, and Ethan could either pay it or move.
C)   Mack could raise the rent by only a rate of 10% per year.
D)   Mack did not have the right to raise the rent during the term of the lease, although Simone had the right to sell the property.
E)   Mack may not raise the rent because Simone had no right to sell the property in the first place.F) D) and E)
G) B) and E)

Question 20

An)  ________ lease is also known as a term for years.

Accepted Answer

A)   limited-term
B)   temporary lease for years
C)   long-term
D)   yearly
E)   definite-termF) All of the above
G) A) and D)

Exam 50: Landlord-Tenant Law

A lease generally becomes void upon the transfer of ownership of the property.

Correct Answer
verified

In Nari's state, a landlord has thirty days to return a security deposit. If Nari's landlord fails to return her security deposit and Nari files suit, what remedy might Nari be entitled to recover?

Correct Answer
verified

A landlord who negligently made repairs to the premises can be held responsible for injuries.

Correct Answer
verified

A landlord does not have to enter into an agreement to lease premises to an individual who has a history of not paying rent or severely damaging premises.

Correct Answer
verified

If the landlord or the tenant fail to perform a condition stated in the lease, the party's breach is referred to as a(n) ________.

Correct Answer
verified

Brauman has fallen in love and follows his love to Europe, leaving his apartment with no intent to return or pay future rents. This is known as ________.

Correct Answer
verified

Which of the following was the result in Choices in Cmty. Living Inc., v. Petkus, the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act (FHA) by discriminating against the cognitively disabled in the provision of housing?

Correct Answer
verified

In the landlord-tenant relationship, liability for injuries depends on the type and severity of injury.

Correct Answer
verified

Correct Answer
verified

An) ________ lease is also known as a term for years.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Mavis leases space for her restaurant from Homer. Mavis is concerned that she will be responsible for injuries incurred by customers of the restaurant. For which of the following injuries to customers would Mavis most likely be responsible?

Correct Answer
verified

Correct Answer
verified

Which of the following concepts were considered in Gradjelick v. Hance, the case in the text in which the plaintiff alleged that the landlord exacerbated a fire caused by another tenant smoking, by failing to maintain the premises?

Correct Answer
verified

Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease?

Correct Answer
verified

Correct Answer
verified

One of the covenants made by a lessee is a covenant of quiet enjoyment.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Exam 50: Landlord-Tenant Law

A lease generally becomes void upon the transfer of ownership of the property.

Correct AnswerverifiedShow Answer

In Nari's state, a landlord has thirty days to return a security deposit. If Nari's landlord fails to return her security deposit and Nari files suit, what remedy might Nari be entitled to recover?

Correct AnswerverifiedShow Answer

A landlord who negligently made repairs to the premises can be held responsible for injuries.

Correct AnswerverifiedShow Answer

A landlord does not have to enter into an agreement to lease premises to an individual who has a history of not paying rent or severely damaging premises.

Correct AnswerverifiedShow Answer

If the landlord or the tenant fail to perform a condition stated in the lease, the party's breach is referred to as a(n) ________.

Correct AnswerverifiedShow Answer

Brauman has fallen in love and follows his love to Europe, leaving his apartment with no intent to return or pay future rents. This is known as ________.

Correct AnswerverifiedShow Answer

Which of the following was the result in Choices in Cmty. Living Inc., v. Petkus, the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act (FHA) by discriminating against the cognitively disabled in the provision of housing?

Correct AnswerverifiedShow Answer

In the landlord-tenant relationship, liability for injuries depends on the type and severity of injury.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

An) ________ lease is also known as a term for years.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Mavis leases space for her restaurant from Homer. Mavis is concerned that she will be responsible for injuries incurred by customers of the restaurant. For which of the following injuries to customers would Mavis most likely be responsible?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following concepts were considered in Gradjelick v. Hance, the case in the text in which the plaintiff alleged that the landlord exacerbated a fire caused by another tenant smoking, by failing to maintain the premises?

Correct AnswerverifiedShow Answer

Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

One of the covenants made by a lessee is a covenant of quiet enjoyment.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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