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Can a tenant hang wallpaper and paint rooms without the landlord's consent?


A) In most states, tenants may make alterations without the landlord's consent.
B) In most states, tenants cannot make alterations, changes that affect the condition of the premises, without the landlord's consent.
C) Tenants may make alterations without the landlord's consent so long as the alterations enhance the condition of the premises.
D) Tenants may make alterations without the landlord's consent so long as the alterations increase the fair market value of the premises.
E) Tenants may make alterations without the landlord's consent as long as the alterations are necessary and do not reduce the value of the property.

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

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Rent ceilings are always illegal.

A) True
B) False

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False

[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 promise in the lease did Natalia breach, if any?


A) None
B) The covenant of real use
C) The covenant of advantageous business practices
D) The covenant of fair use
E) The covenant of quiet enjoyment

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

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If you are the landlord of an office building or a residential apartment complex, you are responsible for ________.


A) a tenant's internal hallways
B) common areas
C) adjacent parking lots
D) city owned sidewalks
E) neighbors animals

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

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[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. -Which statement is true regarding the right of Matt to sue Wu for transferring her interests to DeAndre?


A) When he accepted rent payments from DeAndre, Matt waived any lease provision prohibiting the transfer.
B) Any such provision in the lease was void as against public policy.
C) Any such provision in the lease was unenforceable so long as DeAndre was an acceptable tenant.
D) Matt could sue Wu and win for breaching the lease agreement.
E) Matt could sue Wu and win for breaching the lease agreement only if DeAndre has committed waste on the property.

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

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Jarone rents office space from Axwood. A tornado demolished the building where Jarone rents space. What likely happens to the lease between Jarone and Axwood?


A) Axwood must restore and repair the premises.
B) Jarone is released from paying rent during the time that Axwood must restore and repair the premises.
C) Axwood is responsible for finding alternate housing for Jarone.
D) The lease is terminated, and Jarone is released from paying rent.
E) The lease is not terminated, but Jarone is released from paying rent.

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

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[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. -What options does the landlord have with regard to the tenant who refuses to leave the premises?


A) The landlord can permit the tenant to remain on the property.
B) The landlord can demand repossession.
C) The landlord can permit the tenant to remain on the property while a new tenant takes possession.
D) The landlord can permit the tenant to remain on the property or demand repossession.
E) In the majority of the states, the landlord can sign a lease with a new party and the new party can assert its right to possession.

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

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What does an implied warranty of habitability requirement impose on a landlord?


A) That the residence has been properly zoned
B) That the premises are fit for ordinary residential purposes.
C) That the premises can be used for industrial purposes.
D) That the landlord warrants the premises can support a business.
E) That the neighborhood the landlord's property is in is crime free.

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

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B

[Costly Repairs] When Emilene moved into her new office space, she noticed there was a hole in the wall with electrical wires exposed and the electricity in the unit was not working properly. She told her new landlord, Rodney, who told her it was her responsibility. She also noticed there were no sprinkler systems in the building, but she had them in her prior office and she knew they were required in her part of the city. However, Rodney told her that the building never had sprinklers and she could install them herself if she thought they were important. She also noticed that the hallway outside her office leading to the elevator had three stairs that were crumbling and very dangerous. When she told Rodney about the stairs in the hallway used by all of the tenants, he told her that she could have them fixed since they were on her floor. -Can Emilene hire a contractor to repair the electricity and have the landlord pay for the repair?


A) Yes.
B) Yes, but only if she notifies Rodney first and he refuses to make the repairs.
C) Yes, she may deduct the costs of the repairs so long as she provides the bill after the repair is completed.
D) No, she may deduct the costs of the repairs so long as the repair is for essential services such as electricity and she provides the bill after the repair is completed.
E) No, Rodney must select the contractor to have the repairs done as he is the owner of the property.

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

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Which of the following references a landlord's right in some states 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) B) and E)
G) B) and C)

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A

Regarding the liability of a landlord, which of the following is false?


A) If an injury occurs on residential premises because of a condition that the landlord knew or should have known about, the landlord can be held responsible for the injury.
B) If the landlord is aware of a dangerous condition but does not make the tenant aware of the condition, the landlord will be responsible for any resulting injury.
C) If the landlord is aware of a dangerous condition but hides the condition from the tenant, the landlord will be responsible for any resulting injury.
D) If premises are used for commercial purposes, the landlord has a responsibility to ensure that the premises are in reasonably good condition before the tenant takes control of the property.
E) If the premises are used for commercial purposes, the landlord is responsible for maintaining the premises.

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

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Gretchen and Manard are in a tenancy at will lease. A lease of this type terminates when?


A) Whenever Gretchen decides since she is the tenant.
B) Whenever Manard decides since he is the landlord.
C) Either party may terminate the lease at any time.
D) Terms of this type of lease are set by state statute.
E) Within one year of the date of signing.

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

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When does a definite-term lease, also known as a term for years lease, expire?


A) Automatically at the end of the specified term.
B) 30-days after notice is given to the tenant.
C) Within 5-business days of the end of the term specified.
D) Within 24 hours of notice of termination of the lease.
E) This type of lease never expires unless the tenant and landlord agree to end the lease.

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

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Lenny, a landlord, physically restrained Tullum, his tenant, from entering his apartment that he had leased to Tullum. This is known as ________.


A) A true eviction
B) An actual eviction
C) A constructive eviction
D) A rightful eviction
E) An illegal eviction

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

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[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. -________ is the proper term for the action Natalia took in locking Pablo out of the areas.


A) Reasonable action
B) Full eviction
C) Partial eviction
D) Constructive eviction
E) True eviction

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

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[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. -Can Jeri refuse to rent to Willa and Jessica because of their race?


A) Yes, the Fair Housing Act only covers actual tenants, not prospective tenants.
B) Yes, although the Fair Housing Act prohibits a landlord from discriminating on the basis of race, color, disability, and national origin, religion is not a protected classification.
C) Yes, as long as Jeri assists in finding them adequate and comparable housing.
D) No, Willa and Jessica's remedy is to complain to their local city council.
E) No, Willa and Jessica can bring suit against Jeri under the Fair Housing Act for discrimination.

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

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Regarding security deposits, which of the following is false?


A) A security deposit is typically in the amount of one month's rent.
B) At the expiration of a lease, the landlord is required to return to the tenant the security deposit minus any costs for damages caused by the tenant.
C) At the expiration of a lease, if a landlord retains any portion of the security deposit, the landlord must provide the tenant with a list of the damages.
D) Federal law determines the amount of time that the landlord has to return the security deposit to the tenant.
E) If the landlord exceeds the deadline in which to return the security deposit, the tenant can recover the deposit, plus attorney fees.

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

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Pablo is renting a commercial building from Claudia. There is a clause that allows for a yearly rent increase for property taxes and cost of living increases. This type of clause known as


A) a rent expense agreement
B) a landlord protection clause
C) a rent escalation clause
D) an inflation clause
E) a cost of doing business clause

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

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Any tenant conduct that causes permanent and substantial injury to the landlord's property is considered ________.


A) illegal
B) consequential
C) negligence
D) waste
E) irresponsible

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

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Historically, why was a landlord not responsible for ensuring that leased premises were tenantable?


A) Because judges favored lessors.
B) Because the standard of living was lower.
C) Because land was viewed as the more important element being leased.
D) Because it was believed that the free economy should take care of such matters.
E) Because of the large need for premises to lease.

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

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