Question 1

Long-term leases generally have a rent escalation clause.

Accepted Answer

A) True 
 B)False

Question 2

What are the different types of leases?

Accepted Answer

A definite-term lease, also known as a t...

Question 3

Garland's lease has terminated, and he has not moved out. This creates what type of lease?

Accepted Answer

A)   There is no lease created.
B)   This is a period-tenancy
C)   This is a tenancy-at-will
D)   This is a tenancy-at-sufferance
E)   This is an indefinite-termF) A) and B)
G) C) and D)

Question 4

A periodic-tenancy lease is for how long of a time period?

Accepted Answer

A)   A year or longer
B)   Less than a year
C)   Two years or less
D)   It depends on the state
E)   They are for an indefinite time periodF) B) and D)
G) A) and B)

Question 5

[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.
-If Rodney has not made Emilene's electricity repairs, can she withhold her rent until it is fixed?

Accepted Answer

A)   She may withhold all the rent until the defect is fixed.
B)   She may withhold all the rent in an escrow account until the defect is fixed.
C)   She cannot withhold all the rent; she can withhold only the amount associated with the electricity.
D)   A tenant may never withhold rent, however, she may create an escrow account for the fair market value of the rent.
E)   No, a tenant's most important duty is to pay rent.F) B) and E)
G) A) and B)

Question 6

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?

Accepted Answer

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 C)
G) A) and B)

Question 7

Hiram has a commercial lease for his store. A floor tile had become loose, but Hiram never got around to fixing it. A customer tripped and suffered a broken hip and sued. Who is responsible for the injury?

Accepted Answer

A)   Hiram is responsible because he was negligent in keeping the premises in good condition.
B)   The landlord is responsible because he was negligent in keeping the premises in good condition.
C)   The landlord is responsible if the injury occurred in the common areas.
D)   Hiram and the landlord are equally responsible.
E)   Hiram is 60% responsible and the landlord is 40% responsible.F) A) and B)
G) A) and C)

Question 8

Surrender occurs when a landlord or tenant fails to perform a condition stated in the lease.

Accepted Answer

A) True 
 B)False

Question 9

[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.
-Is Rodney correct that he is not responsible for the hole in the wall and the malfunctioning electricity?

Accepted Answer

A)   Yes, the implied warranty of habitability does not require the landlord to be responsible for repairs to major defects in the rental property.
B)   Yes, the implied warranty of habitability generally does not require the landlord to bear the cost of defects in the rental property.
C)   No, but Rodney is only responsible for repairs up to the cost of 10% of the month's rent.
D)   No, the implied warranty of habitability generally ensures that the landlord is responsible for all repairs in the rental property.
E)   No, the implied warranty of habitability generally ensures that the landlord is responsible for repairs to major defects in the rental property.F) A) and D)
G) C) and D)

Question 10

________ is a mutual agreement between a landlord and a tenant to end the lease early.

Accepted Answer

A)   Surrender
B)   Negotiated settlement
C)   Forfeiture
D)   An accord
E)   AbandonmentF) C) and D)
G) A) and E)

Question 11

Which of the following would not be considered a common area?

Accepted Answer

A)   lobbies
B)   elevators
C)   stairs
D)   hallways
E)   a tenant's internal doorwayF) C) and D)
G) B) and D)

Question 12

The promise that a landlord makes in a lease that the tenant has the right to quietly enjoy the land is the ________.

Accepted Answer

A)   Promise of tranquility
B)   Agreement of quiet
C)   Covenant of quiet enjoyment
D)   Contract of enjoyment
E)   Contract of tranquilityF) A) and C)
G) A) and E)

Question 13

Regarding evictions in Japan, which statement is false?

Accepted Answer

A)   Before the year 2000, evictions were extremely uncommon in Japan because of laws intended to protect tenants. These laws provided automatic renewals of leases for tenants.
B)   In 2000, with the passing of the Law on the Promotion of Supply of Good Quality Housing, automatic renewals of lease agreements became less common.
C)   Most homes are still rented using what is called futsu shakuya keiyaku, which is a type of lease that does not have a fixed termination date.
D)   Because most homes are rented without a fixed termination date, it is less common for landlords in Japan to engage in eviction.
E)   When there is a conflict between a landlord and tenant, the landlord is likely to sue the tenant and take the tenant to court because Japanese courts tend to find in favor of landlords rather than tenants.F) All of the above
G) A) and E)

Question 14

Which of the following was the result on appeal in Douglas v. Kriegsfeld Corporation, the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?

Accepted Answer

A)   The court ruled in favor of the landlord on the basis that the Fair Housing Act did not have sections requiring accommodation.
B)   The court ruled in favor of the landlord on the basis that while accommodations may be required at times under the Fair Housing Act, assisting with cleaning is not one of them.
C)   The court ruled in favor of the tenant on the basis that the tenant had established a reasonable basis supporting the need of reasonable accommodation in regard to cleaning.
D)   The court ruled in favor of the tenant on the basis that the tenant suffered additional stress due to harassment regarding rent and that, therefore, the landlord was responsible for providing assistance with cleaning.
E)   The appellate court remanded the case to the lower court to apply a test which focused on the landlord-tenant relationship, not on the impact one tenant has on other tenants, in order to determine whether the tenant was entitled to a reasonable accommodation.F) D) and E)
G) A) and B)

Question 15

[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.
-The action Wu took in transferring her entire interest in the leased property to DeAndre was making ________.

Accepted Answer

A)   An assignment
B)   A sublease
C)   A lease transfer
D)   A sublet
E)   A rental swap agreementF) A) and D)
G) A) and C)

Question 16

[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.
-Is Rodney responsible for installing sprinkler systems to the rental unit?

Accepted Answer

A)   Yes, if a city health and safety law requires the installation of sprinklers, the landlord is required to pay for it.
B)   Yes, if the tenant requests the installation of sprinklers or other safety mechanisms, the landlord is required to pay for it.
C)   Yes, the landlord is required to pay the cost of safety features that do not exceed the cost of one month's rent.
D)   No, landlords are not required to pay the cost of safety features, but the tenant must receive permission for installation.
E)   No, in general, it is the responsibility of the tenant, not the landlord to install safety features onto the property.F) A) and D)
G) A) and E)

Question 17

Which of the following is true regarding the obligations of the parties if leased premises are destroyed through a fire or other disaster not the fault of the landlord?

Accepted Answer

A)   The lessee must continue paying rent until the premises are either rebuilt or the lease expires; but the landlord has a duty to act with reasonable speed in rebuilding the premises.
B)   The tenant is released from paying rent and the lease is terminated; and unless the landlord could have prevented the disaster, the landlord generally has no duty to restore or repair.
C)   The lessee must continue paying rent, and rebuilding the premises is the responsibility of the tenant if the tenant wishes to do so.
D)   The lessee is excused from further rent payments until the premises are rebuilt, and the landlord has a duty to act with reasonable speed in rebuilding the premises.
E)   The lessee must continue paying half the rent until the premises are either rebuilt or the lease expires; but the landlord has a duty to act with reasonable speed in rebuilding the premises.F) A) and B)
G) A) and C)

Question 18

Jimi allows Petra to live in his apartment building so long as Petra provides the landscaping on Jimi's buildings. Frederick, Jimi's brother, claims this arrangement is illegal and Petra should leave. Is Frederick correct?

Accepted Answer

A)   No, Frederick is incorrect because Petra may stay in the apartment if the illegality is cured.
B)   Yes, because rent is an integral part of the landlord-tenant relationship.
C)   Yes, Petra should be evicted for failure to pay rent.
D)   No, rent can be paid in various forms, such as money or services to the landlord.
E)   Yes, rent consists of a monetary form of payment.F) C) and E)
G) C) and D)

Question 19

[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.
-Who is responsible for removing the previous tenant?

Accepted Answer

A)   The landlord and new tenant are jointly responsible for removing the previous tenant.
B)   The landlord is always required to remove the previous tenant.
C)   In the majority of the states, the landlord is required to remove the previous tenant.
D)   In the majority of the states, the landlord is required to simply provide legal possession of the premises, and thus the new tenant is responsible for removing the previous tenant.
E)   The new tenant is responsible for removing the previous tenant.F) A) and D)
G) A) and E)

Question 20

An eviction may only be full, not partial.

Accepted Answer

A) True 
 B)False

Exam 50: Landlord-Tenant Law

Which of the following is true regarding the obligations of the parties if leased premises are destroyed through a fire or other disaster not the fault of the landlord?

Correct Answer
verified

Which of the following would not be considered a common area?

Correct Answer
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Correct Answer
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Correct Answer
verified

________ is a mutual agreement between a landlord and a tenant to end the lease early.

Correct Answer
verified

An eviction may only be full, not partial.

Correct Answer
verified

Hiram has a commercial lease for his store. A floor tile had become loose, but Hiram never got around to fixing it. A customer tripped and suffered a broken hip and sued. Who is responsible for the injury?

Correct Answer
verified

What are the different types of leases?

Correct Answer
verified
A definite-term lease, also known as a t...
View Answer

Jimi allows Petra to live in his apartment building so long as Petra provides the landscaping on Jimi's buildings. Frederick, Jimi's brother, claims this arrangement is illegal and Petra should leave. Is Frederick correct?

Correct Answer
verified

Surrender occurs when a landlord or tenant fails to perform a condition stated in the lease.

Correct Answer
verified

Correct Answer
verified

Long-term leases generally have a rent escalation clause.

Correct Answer
verified

Correct Answer
verified

Garland's lease has terminated, and he has not moved out. This creates what type of lease?

Correct Answer
verified

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?

Correct Answer
verified

Correct Answer
verified

Which of the following was the result on appeal in Douglas v. Kriegsfeld Corporation, the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?

Correct Answer
verified

The promise that a landlord makes in a lease that the tenant has the right to quietly enjoy the land is the ________.

Correct Answer
verified

Regarding evictions in Japan, which statement is false?

Correct Answer
verified

A periodic-tenancy lease is for how long of a time period?

Correct Answer
verified

Exam 50: Landlord-Tenant Law

Which of the following is true regarding the obligations of the parties if leased premises are destroyed through a fire or other disaster not the fault of the landlord?

Correct AnswerverifiedShow Answer

Which of the following would not be considered a common area?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

________ is a mutual agreement between a landlord and a tenant to end the lease early.

Correct AnswerverifiedShow Answer

An eviction may only be full, not partial.

Correct AnswerverifiedShow Answer

Hiram has a commercial lease for his store. A floor tile had become loose, but Hiram never got around to fixing it. A customer tripped and suffered a broken hip and sued. Who is responsible for the injury?

Correct AnswerverifiedShow Answer

What are the different types of leases?

Correct AnswerverifiedA definite-term lease, also known as a t...View AnswerShow Answer

Jimi allows Petra to live in his apartment building so long as Petra provides the landscaping on Jimi's buildings. Frederick, Jimi's brother, claims this arrangement is illegal and Petra should leave. Is Frederick correct?

Correct AnswerverifiedShow Answer

Surrender occurs when a landlord or tenant fails to perform a condition stated in the lease.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Long-term leases generally have a rent escalation clause.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Garland's lease has terminated, and he has not moved out. This creates what type of lease?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in Douglas v. Kriegsfeld Corporation, the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?

Correct AnswerverifiedShow Answer

The promise that a landlord makes in a lease that the tenant has the right to quietly enjoy the land is the ________.

Correct AnswerverifiedShow Answer

Regarding evictions in Japan, which statement is false?

Correct AnswerverifiedShow Answer

A periodic-tenancy lease is for how long of a time period?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A definite-term lease, also known as a t...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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