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Exam 50: Landlord-Tenant Law

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Question 31

Multiple Choice

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Injuries that occur in common areas based on negligent upkeep are generally the responsibility of whom?

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 E)
G) B) and D)

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Question 32

Multiple Choice

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Norah's ice cream parlor is failing. She assigns her lease to Morton, who opens a coffee shop. If Norah assigned the lease without the landlord's consent, what can the landlord do?

A) The landlord may sue Norah for failure to pay rent.
B) The landlord may sue Norah for negligence per se.
C) The landlord may sue Morton for illegal possession.
D) The landlord may sue both Norah and Morton.
E) The landlord may terminate the lease agreement.

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

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Question 33

Multiple Choice

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When defining the relationship between landlord and tenant, the landlord is the ________ and the tenant is considered the ________.

If the carpet in a rental unit becomes worn, what is the tenant's responsibility?

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

Generally, a landlord may terminate the lease if the tenant assigns the lease without the landlord's consent.

Twan moves out of his office space before the end of the term and defaults on rent payments. If the landlord accepts the property, what happens to the lease and to Twan's obligation to pay rent?

In ________, in order for a landlord to be held liable for negligence, the landlord had to have created the disputed defect.

[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 Ethan's remark that he had an absolute right to continue paying Simone until the lease expired?

Diana rented office space for her business. She added a wall to divide a room and give her more storage space. When Oscar, the landlord, saw what she had done, he became angry and told her that she was liable to him for damages. Discuss any liability of Diana under the majority rule and also under the minority rule.

A landlord tenant relationship is one that includes an exclusive right of possession of the property.

[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 collect rent payments from DeAndre?

When may a landlord be found guilty of negligence per se for code violations under the Uniform Building Code?

[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 collect rent payments from Wu?

[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 Jeri want to enter?

The party who assumes temporary ownership of the property is the ________ in the landlord-tenant relationship.

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

[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 repairing the crumbling stairs in the common hallway?

Constantine notified his landlord for a second time in two weeks that his roof continued to leak and was causing damage to Constantine's personal property. The landlord refused to fix the leak. This is known as a(n) ________.

When a tenant rents property from a landlord this property is known as a(n) ________